• legal rights of property

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 2 years ago 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.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
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.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
Above is clear.
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
4.3 on 5.0
Hi. two daughter have equal right in the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
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 .
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0