Legal Question in Real Estate Law in India

Dear sir, my father in law(hindu) has 2 daughters.he had a property(commercial shop) in his name in mumbai.on 25 feb 14 he has expired.mother in law is still alive, but bedridden.f.i.l.and m.i.l. both were/are staying with us for 8 yrs.

now,my question is

1.who has got the first legal right for the property which is in mumbai.

2.if my m.i.l wants to give it to her younger daughter(my wife),can it be done and how?

3.can the elder daughter claim in future?


Asked on 3/16/14, 11:18 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

17.03.2014

Dear Sir / Madam,

1. Your mother-in-law has got the first legal right for the property in Mumbai.

2. Yes, on transfer of the title of the property in the name of your mother-in-law, she can register a gift of the property in the name of your wife, should your mother in law so choose, desire and decide to.

3. If a Gift Deed is registered in the name of your wife, only your mother-in-law can revoke it anytime during her lifetime. Your sister-in-law cannot stake her claim over the property.

Regards,

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Answered on 3/17/14, 2:32 am


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