• Joint property owner's wife's rights on property

20 years back, a property jointly owned by two brothers was transferred to the son of elder brother. The guy takes loan with that as collateral and expires with 4L liability on wife.
Now, one of the brothers (1st owner) and the other brother's wife is alive and are being illtreated. In such case
1. Who holds the right to the property ?(son's wife or the 1st generation)
2. If wife is the rightful hier, can the 1st gen revoke rights of the wife on that property
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

 1. Sons wife is rightful owner of the property. 

2. No the first generation after giving up there rights cannot revoke rights of the wife. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) once gift deed is executed duly stamped and registered title on property passes on to donee 

 

2) on his demise his wife and children if any would inherit his property 

 

3) gift deed cannot be revoked 

 

4) you need court orders to set aside gift deed 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19367 Answers
32 Consultations

They can file application before senior citizens tribunal seek stay order against their eviction 

 

 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

See the elders can resort to Senior citizen welfare and maintenance act if they are senior citizen for there care and maintenance as far as property is concerned it cannot be reverted back.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear client,

Wife and children will inherit property equally. No share of elder brother and younger but wife of elder brother if alive.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. The title of the said property was registered in favour of the son of the elder brother by both the brothers who had owned it. So, after the demise of the said son of the elder brother, intestate, his legal heirs, including his widow,  will become the rightful owner of the said property.

 

2. No other person other than the legal heirs of the deceased son of the elder brother can lay any claim on the said property.

 

 

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

1. Taking care of the owner/legal heir  of the property by a person does not entitle him to claim any share on the property or any residential right on it.

 

2.  The widow of the said deceased son of the elder brother can file an eviction suit to oust all other occupants of the said property. 

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

The title on the property does not conceals on the death of the person who has taken the loan and remaining portion of the loan is payable by the title holders of the property otherwise bank will take possession of the property and sale of to realise the outstanding loan amount.

Any other person on the basis that he has looked after the person cannot claim the property until and unless he has got any gift deed regarding the transfer of the property after the death of the person

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If it was transferred as self acquired Property of son then is wife will be the owner else the other heirs will come to picture

Prashant Nayak
Advocate, Mumbai
34641 Answers
249 Consultations

Wife is the heir along with his children if any.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

If the property that was jointly owned by two brothers was transferred to the son of one of the brothers by a registered deed, then he becomes the absolute owner. Upon his intestate death, his own legal heirs consisting his wife, children and mother shall be co-sharers to the property left behind by him.

 

1. The son's wife, his children and his mother shall be the  co-sharers of the property

 

2.  No, provided this property was transferred to the son by a registered deed.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

Actually the 1st generation elders and the younger brother who had been taking care of them and did not even get a share in the property are now being thrown out of the house.

Legally they may not have any rights in the property.
However it is advised that you consult a local lawyer with al the relevant documents to get a on the spot opinion.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

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