Legal Question in Real Estate Law in India
inherited property definition
Dear Sir
I would like to seek clarification on property of my husband.
We hail from Bangalore. My husband is the eldest son and has a younger sister followed by a younger brother. His father died when my husband was 21 years (sister 19 years and brother 13 years), without leaving a penny. And from then on, my husband took care of the family and conducted the marriage of his sister (got her married to a good household. Her husband is well settled with enough wealth) and funded the education of his brother. (he is in the high income category and has amassed enough wealth)
All my husband's savings were thus spent to raise the family. He however wanted to buy a site and in an effort to make his mother feel secure, bought the site in her name about 15 years ago. Now the time has come to settle property as my Mother -in-law is getting old. My husband's siblings claim that the site has to be equally distributed among the 3 children. My husband feels that since he invested in the site, he is the rightful beneficiary.
What does the Indian law say ? Is this property considered inherited ?
Thanks in advance for your advice. I look forward to a response from you.
5 Answers from Attorneys
Re: inherited property definition
you husband can file a suit for declaraition that his mother only 'benami' and it is your husband who is the sole owner of the said site.
And as such others have no right in the said property.Your husband can be benefited by Sec 2 of the Benami Transaction Act.
In alternative this property can be partitioned by ouy mother in law in equal shares by herself.Or in alternative a will duely registererd can be executed by you mother-in-law bequething the same to your husband.
And in opinion the first alternative would be better.
Re: inherited property definition
As long as your mother-in-law is alive there is no question of division between her sons and daughter. During her life time she can also dispose of the property in any manner deemed fit by her. She can also make a Will and provide for disposal of the property after her demise. Best option will be to have the property transferred during her life time by way of a registered document.
Re: inherited property definition
Your M-I-L cannot alienate the property, if your husband can prove that the property was purchased by the Mother from the funds of your husband. If your MIL agrees to that no one else can claim rights over the property, and then the same shall not be treated as a property devolved thru ancestral means.
Re: inherited property definition
This is not ancestral property and so no right accrues to any other heir. Irrespective whether it was purchased from your money or not the property registered in the name of your mother in law. The best way is to convince her to transfer the property in your husband�s name or make a Will in favour of your husband
Re: inherited property definition
DEAR MADAM,
YOU ARE MISUNDERSTANDING THE LAW. INHERITED PROPERTY IS THAT PROPERTY WHICH IS OBTAINED FROM THE ANCESTERS. IN THIS CASE PROPERTY IS PURCHASED IN THE NAME OF MOTHER BY THE SON. IF HE HAS PROOF THAT HE HAS PURCHASED, NO ONE CAN CLAIM, FURTHER IF THE MOTHER KNOWS THE FACTS AND AGREES THAT THE PROPERTY WAS PURCHASED BY THE ELDER SON THAN THERE ARE TWO OPTIONS, I) MOTHER CAN MAKE A WILL AND GIVE THE PROPERTY TO THE SON. 2) MOTHER CAN GIFT THE PROPERTY TO THE SON. PLEASE CONTACT ON 09426101233 FOR ANY FURTHER CLARIFICATION IN THIS MATTER.
WITH REGARDS,
BANKIMCHANDRA SHAH
ADVOCATE, GUJARAT HIGH COURT.
SURAT, GUJARAT, INDIA.
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