• Grandparents' property and Grandchildren's claim

My older sister & her husband purchased land and built upon it a house In Delhi.
they raised 2 children here Daughter & Son.
They have no 'will'.
Son got married (Love marriages), as his wife could not get along with my sister & brother in law they moved out and were living separate. Had 2 daughters now 5 and 2 months old. 
At time when Son married he was unemployed and 25 years old.
He just passed away 2 weeks ago at age 28. At his funeral his wife & her family members begin to pressure my sister & brother in law to sell their house and give share to wife & 2 daughters immediately. Please advise what can be done in this situation? My sister is 59 yrs and a house wife, while her husband is sesonal stage artist, this house is all they have. Can their son's wife get this property for her and her children. We want to do something for grand daughters in future but how can we deal with this...Can they take this property by force? Please help. Thanks.
Asked 3 years ago in Property Law from Canada
1. Well, the property is the self acquired property  of your sister and her husband.
2. that being so their legal heirs like son.grandson, daughter ect does not acquire right , title and interest in it on the strength of birth or through law of succession.
3. In other words their grandchildren or daughter in law have no share in the property as even their son , since deceased, had no share in it.
4. They can not enforce the claim by legal means and if they make any disturbance in the enjoyment of the property then your sister and her husband can file  case for injunction.
Nothing to worry and they may inform the local police about such pressures.
Devajyoti Barman
Advocate, Kolkata
13128 Answers
174 Consultations

5.0 on 5.0

1. If the house was purchased by your sister and brother-in-law from their own income then it is their self acquired property. 

2. The deceased son of your sister and brother-in-law had no right in their self acquired property. He required the permission of his parents to even live in the house. As a corollary thereto, his wife also had no share in the property of her in-laws.

3. If your sister and brother-in-law die without making a will their widowed daughter-in-law and grand children among other legal heirs will succeed to the property. However, during their life time none of them has any share in the property. So your sister and brother-in-law are not liable to sell the property.

4. Your sister and brother-in-law can seek an injunction from the court if their right to reside peacefully in their house is violated.
Ashish Davessar
Advocate, Jaipur
23097 Answers
639 Consultations

5.0 on 5.0

Hi, as the property is self acquired property of your brother-in-law and sister she have no right to claim the property.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) AS SUCH your sister's deceased son's widow and children have no right legally to make a claim on their property.
2) The widow has a share in the property owned by the deceased husband and so are the surviving children. In your case as the property had been purchased by your sister and brother in law the property does not qualify to be ancestral and so the son or his heirs have no claim.
3) As you said of you are willing to do something for the children your sister and bro in law make a will bequeathing the property or make alternate arrangements to benefit them.
4) The above being said there is no obligation or liability under law.I don't think your sister will even need to get an injunction from court to stay in her own house. However it would be worth telling the daughter in law in no uncertain terms what you're legal position it's asked what they  intend to do for the granddaughters to avoid confusion and pressure tactics from her part.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

1) it is self acquired property of sister and your brother in law 

2) daughter in law her children have no right in self acquired property of her in laws 

3) even deceased son , and daughter dont have any rights in self acquired property of their parents . 

4) refuse to sell the house . your sister and husband are not required to give any share to daughter in law . 

5) in the event any threats are brandished record the threats and move court for a permanent injunction restraining daughter in law from entering the said property
Ajay Sethi
Advocate, Mumbai
46684 Answers
2762 Consultations

5.0 on 5.0

1. Has your sister and brother in law constructed the house and registered the title in their joint names or the said property is in the name of your brother in law?

2. However, the wife of their son and/or their grand children have no right on the share of the said property till the life time of the title holders,

3. In the event of the demise of one or both the title holders (as the case may be) without any will, their grand children and also daughter in law will get their shares of the property owned by the deseased owner which would have been shared by their deceased son, had he been alive, alongwith other legal heirs,

4. As of now they have no right on the said property which they should be clearly informed.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

in joint family concept father is the manager of all properties. he has right and power to alienate it for the betterment of or for legal necessity of family. father is bound to maintain his child up to the age of 18 years. after age of maturity child has no right to claim maintenance so it it ceases to be exist. his wife (widow) also has right to claim maintenance. she can only claim her share in the property. but this right is extend only to the ancestral property. in self acquired property of father in law she has no right to claim.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

if that property is ancestral property then she can claim for her share.  if she is unable to maintain herself from her husband's property or her father can't give her maintenance. then she can claim for maintenance out of self acquired property of her father in law because it is legal duty of a person to maintain his daughter in law. her children also have  share in the ancestral property, because on the birth of any family member he has vested interest in the ancestral property. if you want to give some share to the grand children in the property , you can make WILL and make some arrangement for them. a person has absolute right to make WILL towards his self acquired property.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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