• Ancestral property

I am a married woman. My husband has a brother and sister. Since last 12 years we are taking care of my mother-in-law. MY father-in-law passed away 20 years back. There is this flat in her name, where we reside alongwith her. We (my husband and I) renovated in year 2012, spending our money to the tune of Rs.7 lakhs. And right after that she has taken a fight on us and wants us to move out of the property. And she is threatening us that she would will the flat to her daughter ?? The property in question is actually ancestral, though no means to prove it now, as it is in her single name now. We would like to know what are our rights in this case ??
Asked 3 years ago in Property Law from MUMBAI, Maharashtra
Religion: Hindu
1) what basis you say property is ancestral ? 

2) how did property devolve on your mother in law ? 

3) if flat is in her name she is absolute owner of said flat 

4) she can dispose said as she pleases . 

5) only in the event she dies intestate would your husband have 1/3rd share in said flat . 

6) if she make s a will in favour of her daughter flat will devolve on her 

7) your husband has no share in said flat as on date 
Ajay Sethi
Advocate, Mumbai
44493 Answers
2587 Consultations

5.0 on 5.0

Since the flat appears to be her name then she is its absolute owner and she can transfer this flat to anyone she chooses by way of Will or gift.
So your husband does not have any share in it and in the given situation he better patch up with his mother so she may not be evicted therefrom in near future.
Devajyoti Barman
Advocate, Kolkata
12581 Answers
162 Consultations

5.0 on 5.0

1. Since the property is in your mother-in-law's name, she alone can decide as to who should succeed to her property by executing a WILL to take effect after her death, to gift the same to any body(including her children) during her life time and can sell the property and enjoy the proceeds.
2. If your mother-in-law wants to execute a WILL in favour of her daughter, it can be done by her and she will be well within her rights. However her other non-beneficiary children can challenge the WILL in a court of law.
3. Since the property is in the name of your mother-in-law, it can not be termed as ancestral property.
4. In case she dies intestate(without executing a WILL), then all her children, i.e., your husband, his brother & sister will have equal share in the property - 1/3rd share.
5.To protect your husband's rights in this property, better to be in the good books of your mother-in-law.
Shashidhar S. Sastry
Advocate, Bangalore
1622 Answers
107 Consultations

5.0 on 5.0

The property cannot be termed as ancestral if it is in your mother in law name.Please state as to how you are caling this property as ancestral to get proper advice.

If your mother in law gifts the property to the daughter then your husband and other siblings will have no right over that property. however if the mother in law dies intestate i.e. without making a will then your husband, his brother and the sister will have equal share in the property.
Shaveta Sanghi
Advocate, Chandigarh
847 Answers
63 Consultations

5.0 on 5.0

1. The ownership of the flat vests in your mother-in-law. So she is free to will it to her daughter if this is her desire.

2. By spending money on the renovation of the flat you cannot claim to have impeached her ownership. Your husband, much less you, has no right in the said flat.

3. On what basis do you say that the property is ancestral? 
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

Hi, if the property is the ancestral property then all the legal heirs have equal right over the property.

2. If the property is the self acquired property of your mother-in-law then she can dispose of the property any body to according to her whims and fancy. 
Pradeep Bharathipura
Advocate, Bangalore
4538 Answers
202 Consultations

4.5 on 5.0

1. The property is in her name,

2. So, it is not an ancestral property,

3. Youir spending Rs.7 lakhs for its renovation does not entitle your share in the said flat,

4. She can bequeath the flat in anybody's name and in that case he/she will be the legal owner of the said flat after the demise of your mothe in law,

5. It will be prudent on your part to settle the dispute with her amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
18164 Answers
439 Consultations

5.0 on 5.0

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