Dear Client,

If property is purchased by you, than through court declaration you can acquire full ownership in the property.

Wife being joint owner, has 50% share, that share will inherit in husband and children i.e. i.s 1/3rd in you and rest 2/3rd in children. So, she can claim only 1/3 share in mother share.

1. the property is in joint names of you and your late wife

2. but i am assuming that entire funds for purchase of the property have been contributed by you alone

3. your wife being a house wife could not contribute any money for the house

4. so even though your late wife is a co-owner of the property, essentially you are its absolute owner since entire money for purchase of the house was paid by you (bank's down payment as well as running EMIs)

5. in such an event your daughter cannot claim any share in the half share of your late wife. The half share of your late wife is actually owned by you

6. your wife was added as a joint holder/co-owner only as a family arrangement with no intention to make her a co-owner

7. you will have to file a declaratory suit in court to declare yourself absolute owner of the property and claim injunction reliefs against your daughter

Sir, on demise of your wife the the half share of her in the property shall devolve in three parts, on in you, one in your son and one in your daughter.

So the daughter will get 1/6 share in the property only.

Further see if you have proof that you have purchase the property from income and wife was just dummy owner you can file a suit for declaration asking to declare you complete owner of the property,

on demise of wife her share would devolve on husband and children

2) you are one of legal heirs of deceased wife

Further if you have fear that the daughter can grab the property you can file for interim stay on transfer pf property from the civil court.

Also give an application for mutation of property in your name with the revenue/ municipal office.

also further from legal heir certificate she cannot claim properties, it is only for identification of heir.

If she sold 1/2 than where her share left, rest property is urs.

Rest m not getting ? what u mean.

If you have purchased as well as paid the entire sale consideration, you should file a suit for declaration, with interim relief in the form of injuction in civil court to claim the half share of your wife too, as you are complete owner of the property.

1) Your share will remain as it is that's 50% and in remaining 50% that is your wife's share, all legal heirs will get equal share in it means 1/3rd in 50%.

2) So your share will be 50+16.66% and your son and daughter will be 16.66% each share as of now.

3) Try to get possession of the property first and than you can rent the property.

Hello sir , after the death of your wife the property gets transferd equally among your children... However she cannot sell it without your consent ..All she can do is that she can ask for share in the monthly rental through court

1. The property stands ion joint names of yourself and your late wife.

2. After her demise, yher 50% share of the property will be equally shared by all her legal heirs being your son, daughter and yourself.

3. Legal heir certificate is issued by Counselor of local ward of your Municipal Corporation and not by father.

4. However, you can file a declaratory suit praying for a declaration that the entire property has actually been purchased by you for which the title deed should have your name only after the demise of your wife who had no earnings. You should also add in your prayer that the Court may please direct the Registrar to delete the name of your late wife from the Registrar and record that you are the sole title holder of the said property.

5. Once the property is declared to be yours and the record of the Registrar is corrected, you shall become the sol;e title holder of the said property and can deal with it the way you wish to.

1. File the declaratory suit as suggested in my earlier post.

2. Simultaneously, file an application under Order 39 Rule 1 & 2 praying for an injunction upon your daughter and her husband and her other family members restraining them from entering the suit property till the suit is disposed off.

Firslty, the kind of act which has been done by your daughter is not acceptable at all.

Secondly, though the name was of your wife as the second co-owner in the documents then also it spent mean that she owns the property as whole the money was paid by you.

Thirdly, people take it incorrectly as it means that her being there as the nominee in case of no will.

Fourthly, your daughter can’t get a single penny out of it as it is earned by you by your own hard earn money.

Since this property was jointly owned along with your deceased wife, the share of your deceased wife shall devolve on all her legal heirs namely you, and your children.

Therefore your daughter shall be entitled to only one third of share in the share of your deceased wife.

The rental income can be share accordingly i.e., you will be entitled to your half share plus one third share out your deceased wife's share in the property/rental income.

You are anyone among you three can be an authorised person to collect rent for which the other two people should give an authorization letter or a POA deed.

If you apprehend that your daughter is likely to grab your property then you may file a partition suit and an application for temporary injunction restraining her from alienating or encumbering the property in any manner till the disposal of the partition suit.

This will ensure the safety of the property.