Legal Question in Family Law in India

family property
My husband died in 1984.I have 3 sons and 2 daughters,my middle son also died in 2000. I am staying in my husband home with my elder son .My husband had not made any will and when he was alive he gave my middle son 10,000Rs(amount was hight at that time) to
get house of its own and aslo after my husband death I also gave him 6,000Rs for the same. Now I want to transfer my husband home in my elder son name as he is taking all care of me and for that all my other son and daughters are agreed only my expired son's wife is not willing to agree she is demanding money for that in reference to my expired son. but as I mentioned earlier that my husband and me already gave share (16,000Rs) to my expired son and i have the proofs. so how can i transfer my husband house in my elder son name ,do i have rights or should I transfer the house to my name first and then to elder son as my husband had not made any will ?
and if i have to transfer the house in my name first then also my expired son wife agreement require ?

Asked on 8/31/08, 12:25 pm

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: family property

You cannot get the house transferred either in your name or in the name of your son without consent of your deceased son's widow. The widow of your deceased son has an equal share in the house.

If you proof of payment of Rs.16,000.00 made to your middle son for purchase of house, at best that amount can be deducted from his share in the house while you settle accounts with his widow.

It is not a matter of ego or prestige, you need to understand, acknowledge and honour the rights of your deceased son's widow who, alongwith his children, are equal share holder in your father's property.

Answered on 8/31/08, 3:39 pm

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