Legal Question in Wills and Trusts in India
I and my ex husband jointly purchased a flat in 2001 for rs 5 lacs where only the 2 of us we have been staying.
1.5 lacs was down payment which was actually paid from my salary. The balance 3.5 lacs was via bank loan.
My ex husband expired in 2007 after chronic illness leaving huge liabilities of the housung loan and also other personal loans which were taken beyond my knowledge.
At the time of his death more than 50% of the loan amount was outstanding and the loan installments are being paid by me till date. I stayed in the same flat alone after his death. also all the other personal loans have been cleared by me only after his death.
I got remarried in 2009 and i stay in the same flat till date.
My ex inlaws have now filed suit for possession of the flat or a settlement for their share in the estate.
My questions:
What is their share in the flat value.?
If we go in for settlement what value for the flat shall be considered ? the value of the flat as on death of my ex husband or the present value?
My ex inlaws have not paid a penny in the installment of the flat loan after death of their son. During our wedlock the loan installment were paid jointly by me and my ex Husband.
What is my stand?? Pls advise.... i am lost.i
1 Answer from Attorneys
I don't think that your inlaws should have any share in that flat if the down payment was made by you and if you have the proof of that.After the down payment of 5 lacks all the bank's due was also paid by you. Then in that situation how could they claim any share.
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