Legal Question in Family Law in India
home property
my father died he has two sisters and three son's and my one brother is also expired recently
my mother is alive .i am living in my fathers home now i want to transfer my father home in my name and my father had not made any will
my mother, sister,brother are all agreed to do this but only my expired brother wife is not willing to agree she is demanding money for that in reference to my expired brother . so can i transfer my father home in my name is my expired brother wife agreement matters ?
3 Answers from Attorneys
Re: home property
yes, it does. she is entitled to her share. You brother was also equally entitled to inherit your father's property and his share devolves upon his wife. Even your other sisters and brothers, who are consenting for transfer in your name, will virtually be giving you a gift. It is not mere "consent" but a "gift" of their share in your favour.
If somebody is not willing to "gift away" her share, how can you usurup that share?
You should understand and respect the legal rights of your brother's wife and not try to deprive her of her share.
Re: home property
settle the matter amicably as possible as she has a right in the property in place of your expired brother
Re: home property
Your brother's wife along with the other family members does have a share in the property. you cannot deny her share.
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