Dear sir, my father in law(hindu) has 2 daughters.he had a property(commercial shop) in his name in mumbai.on 25 feb 14 he has expired.mother in law is still alive, but bedridden.f.i.l.and m.i.l. both were/are staying with us for 8 yrs.
now,my question is
1.who has got the first legal right for the property which is in mumbai.
2.if my m.i.l wants to give it to her younger daughter(my wife),can it be done and how?
3.can the elder daughter claim in future?
Asked in Property Law from Mumbai, Maharashtra
1. There is no question of a first or second legal right. If your FIL died without making a will then his widow and daughters have an equal share in the property which they can cull out by filing a case for division in the court.
2. She can transfer her right to your wife by making a relinquishment deed.
3. Yes she can claim her share in future.
since the property belonged to yor father in law, on his death the property shall devolve on to his legal heirs. mother in law and daughters are entitled for equal share in the property .no priority rule applies. moreso by his death all the three becomes joint owners of the property. so none of us can exercise absolute ownership over the other with rrspect to the property. if any document is executed the same is void in the eye of law.
Hi. two daughter have equal right in the property.
you have not mentioned whether commerical shop was owned by your father in law or it was on pagdi . if it was ownerhsip on his death his wife and 2 daughters have equal share in the shops . your mother in law can execute gift deed for her 1/3rd share in favour of your wife ie one of the younger daughters of the deceased . the gift deed has to be stamped and registered .