Need Legal Advice - Succession of Dead Husband's Property

kAlyaniShAnti · Jun 2, 2013

Dear Friends,
This is to clear up some confusion of my friend who was widowed last year. She and her daughter live in their house which was bought and built upon (modified) by her husband. After the death of her husband she has repaid 58% of the remaining house loan using the money she received from her DH's office.

Her MIL (FIL dead long back) stays with her other sons in other city is a house made by MIL's husband (ie my friend's FIL).

She is not the joint owner of the house (where she stays) with her DH. There is no "Will" made by her DH for the house!

The questions are:

1. Are she and her DD the sole successors of the house, or her MIL also?
2. In case her MIL also is a successor of the house, is the share of the house one third to each three of them (MIL, Friend and DD) or half each to MIL and Friend?
3. What happens after the death of her MIL? Are her other sons eligible to claim the share of the portion of the MIL of the house?
4. Can my friend make a "Will" of the house, without the knowledge or consent of her MIL regarding the succession of the portion of the house to her DD after her (friend's) death?

Your advice is much welcome, as the information available to her from advocates are confusing and contradictory.

Thanks in advance

kAlyaniShAnti · Jun 5, 2013

Dearies,
No suggestions !!!

Actually she is in a hurry to execute a mutation of the house (immovable property) to her name without the knowledge and consent of her MIL. For this process she wants to consider me as an "executor" ...

In principle, I do not agree to this action, as I feel it is contrary to the act, as her MIL is very much alive (though not in contact with her). She should be taken into confidence!

Sharing your knowledge in this regard would be of much help for me and for the friend, who, I feel, is going to commit a mistake and invite trouble for future for taking an illegal step!

flowerlady · Jun 6, 2013

The widow, kids and Mom get to share the dead person's property according to law so she must consult her MIL.
Please do not sign any legal papers without seeing the house , loan papers to be on the safe side consult a lawyer.
Did her DH leave a will?
She and DD will also get a share in her FIL's property same as her DH had he been alive.
Consult a lawyer.

helennixy · Jun 6, 2013

Dear Kalyani,

All the Three will be the Legal heirs of the DH(wife, daughter and MIL).
If the DH husband didnot leave a will then check whether there is any nominee clause in the property document.
If there is any property in the name of her Hather in Law then ur firend and her got the rights in that property too.

The Son's of MIL will not have the rights on MIL share unless she transfer the rights.......and also the property is hard earned by the DH so his brother's dont have the rights to claim the share. If the property is an ancestral then the DH brother's also have the share

kAlyaniShAnti · Jun 7, 2013

Thank you Flowerlady. No, her DH did not make any Will.

kAlyaniShAnti · Jun 7, 2013

Thank you Helennixy,
No her DH did not make any will. It is not an ancestral property. It was bought and built upon it by her DH with his income.

She will be relieved to know that her BILs do not have any share on the property. But much depends on the MIL what she does.

kAlyaniShAnti · Jun 7, 2013

I will enquire about the nominee matter

flowerlady · Jun 7, 2013

It would be prudent to stay away from any legal matter of others as there are many facts which you may not know or may not be told.
If your pal goes ahead without consulting MIL and you sign as executor then you may also get into a soup.
A lawyer should be consulted or you let her go ahead on her own.
Your friend should take the help of her own family members, siblings for this.

kAlyaniShAnti · Jun 7, 2013

Dear FlowerLady,
I fully agree with you.

She does not have any sibling. Friends are also very limited. She is getting contradictory suggestions from people around and out of a feeling of insecurity and worry for her DD (17 years old), she is in a state of confusion and hurrying for such a matter.

I have strongly suggested her against this. The lawyer she contacted has told her to wait till he gives her any suggestion !

flowerlady · Jun 8, 2013

MIL can sue your friend for getting the house in her name, no wonder the lawyer has advised to put mutation on hold. No lawyer will give help in this.
If your friend is on good terms with her MIL then maybe she will sign away her right in her favour.
Then she can proceed with the mutation and all will be clear and legal.
If she goes for rights in FILs property later then it can be dicey.