My husband had a flat in Dombivili, Thane District of Maharashtra and he expired in May 2006. The society formation was in process and hence no nomination was filled. Based on my request, the society transferred the flat in my name after following the procedure. I disposed off the flat as it was a liability to me in the year 2010. At the time of my husband's death, his mother who was residing in the ancestral house in native place was alive and never made any demands. She passed away in the year 2008. Now my husband's sisters and a brother has said that they had a right on the said flat and the disposal of the flat is illegal and criminal proceedings can be initiated against me and my son. They have also said that the section 420 will be applied for cheating and a non-bailable warrant can be issued against me.
I was not aware of the law which entitles surviving mother to have a claim of deceased son's property. When I was made to understand about the law, I happily agreed to give them the share of a property in native place (which they accepted) and asked them to take their share from the sale of the flat, which they refused. Their intention is to get the balance property which myself and my son is entitled to at a throw away price. I am not in a position to repurchase the flat already sold and not even sure whether the buyer still owns the said flat or it is disposed off. I don't strictly intend to the put the buyer in any problem... which has arisen due to my ignorance.
Asked in Property Law from Mumbai, Maharashtra
on your husband demise your mother had 1/3rd share in flat .
1)you have stated that you sold flat in 2010 . did your mother in law leave any will . ?
2) if she did not leave any will her 1/3rd share would devolve on all her legal heirs .
3) similarly in your native place you and your son would inherit your husband share in property belonging to his mother . if you have given your share in family property whether any document has been executed by you ?
4) if your husband relatives want to file criminal complaint of cheating let them do so . as on date no legal notice has been issued . if and when complaint is filed defend case on merits .
distribution of property of deceased Intestate (died without making any Will) Hindu male takes place between the heirs in class 1 Schedule according to the Rules:
Rule 1. The intestate's widow, or if there are more widows than one, all the widows together, shall take one share.
Rule.2 The surviving sons and daughters and the mother of the intestate shall each take one share.
So you see that the wife or widow has only one share in the property, so has each of his children each and one share for his surviving mother.
The share of your husbands'siblings is confined to the share of your mother in law. Rest of the share is that of your son and yourself.
No case of cheating is made out against you. the dispute if any is of civil nature. you are entitled to your rightful share in the ancestral property of the husband. you may take appropriate steps if they go to the police or serve you a legal notice.
no case is made out against you
Advocate, New Delhi
1. After the demise of your husband in 2006 his share vested equally in his mother, widow and children. His siblings had no share in the flat.
2. After the demise of your mother in 2008 her share was to be distributed equally between all her surviving children unless your mother-in-law made a will, or otherwise relinquished her share in any one else's favour.
3. You and your son have an equal share in the flat which is indefeasible. No case is made out against you as you never attempted to deprive your husband's siblings from claiming their share in the property.