FOCUS
Father-in-law can decide on property share
Photo: N. Sridharan
Reckoning factors: Sharing of property decided on facts and circumstances.
My father-in-law wants to transfer his property to my husband and my brother-in-law. He got that property from my grand father-in-law.
He wants to divide his property in 2:1 ratio as he is staying with us. Moreover my brother-in-law has already taken Rs. 60,000 and jewellery of my mother-in-law forcibly from him. So he wants his property to be divided into three parts.
My brother-in-law has been staying in that house. Myself and my husband work in Pune and the property is in Jammu.
Can my brother-in-law challenge the decision of my father-in-law of dividing the property into three(one for him, one for each of his son)?
Is there any way to get Rs. 60,000 back from him? Is there any way to get our share in jewellery? Can my father-in-law decide which portion he wants to give to my husband and which he needs to give to my brother-in-law?
If any one of us take this case to court, is there any way to take stay order for that property (means no one can stay in that house or rent that)?
Sapna Khajuria
Our panellist, Mr. R.L.Narayanan replies: From the facts set out in your query, it would appear that on the face of it, your father-in- law can deal with the property by himself. If the property is given to your husband by proper documentation which meets with the legal requirements, then it may be valid. The question of obtaining the refund of Rs. 60,000 is a matter which has to be decided by your father-in-law.
If your father-in-law or mother-in-law are able to prove that the jewellery was forcibly taken from them then this can be returned to them, but your husband may not have any share in the jewellery during the lifetime of the owner . Your father-in-law will be in a position to decide which portion of the property is to be given to which son.
If the matter is taken to Court, it will be decided on the facts and circumstances and the merits relating to the matter. As such, I am not in a position to give any firm response on whether you can obtain any interim orders or otherwise. There are several factors which are considered by the court in providing reliefs to parties.
Gift deed
I have given a piece of land to my cousin as gift-deed but now I want to revoke the same as he is trying to misuse the land. Is that possible for me to do so?
S.M.Krishnaraj, 212/C3,II Block,Cauvery Nagar,Sathy RoadErode.
Mr. Narayanan replies: On the face of it, it may not be possible for you to revoke the gift deed.
However, the wordings in the gift deed as to whether the gift became operational may be vital. It is advisable for you to obtain professional consultation in this regard.
Share in property
My father, mother, married daughter, son-in-law are residing in a house bought in the name of mother. Not hereditary. Son and daughter- in law are in U.S. Can the married daughter demand a share in the house property as a right or it rests on mother’s willingness?
Dharmeshwaran Natesan
Mr. Narayanan replies: In the circumstances stated by you, the property will normally be treated as the separate property of the owner concerned.
Hence, the owner may be in a position to deal with the property in such manner as deemed fit.
If Mother wants to leave a Will has she to adhere to Succession Act or can act as per her own wish?
Mr. Narayanan replies: She can write a Will disposing of the property in such manner as deemed fit.
Printer friendly
page
Send this article to Friends by
E-Mail
Property Plus
Bangalore
Chennai
Hyderabad
Kochi
Malabar
Thiruvananthapuram
