Dear Client 

Yes your brother in law can claim the share from your father in law property.

But If the registration of flat has not been done yet the you can change the name of owners as your husband and your mother in law and take a will from mother in law in which she writes her share in flat on your husband name. 

And if not the your brother in law in claim 1/3 share from your father in law share which is 1/3 of total property.

Yes he can seek share in the property from father's share. 

The brother of husband need to relinquish his right vide registered relinquishment deed.

See brother in law has to share emi and he shall have 1/3 share in father's one third share. So ask him to register the deed without any amount as husband is paying the consideration amount.

On demise of father in law his one third share would devolve on your mother , your husband and brother in law 

he can execute gift deed or relinquishment deed to relinquish his share in property 

There will be 3 owner with equal sharing ratio that is 1/3rd each.

In that 1/3rd share of father all children share can be divided further in equally.

If you do not want to give share in the flat ask your brother in law to sign relinquish deed or quit claim deed.

If you want to settle it now then you should talk to your brother in law regarding the flat and ask him to give relinquishment deed in your husband name to give up his share in flat.

And if he wants to take the share tell him that if you want the share from father in law's share in property then you should pay proportionate EMI and also the proportionate amount paid till date. So that we will do the paper work of your share on your name.

Or take your share in cash and give up share in property through relinquishment deed 

Dear Client,

Ownership owns by person who actually contributed in purchase but this will declare by court. Factually in registered document, father is co owner and on his death, his share will inherit in his children and wife. SO brother in law can claim.

Even after MIL`s intestate death, claim in that also.

Ask your husband to register in sole ownership.

brother in law has one ninth share in flat 

Ask him to relinquish his share in property and pay him value of his share as on date 

Hi,

You have not mentioned as to how much is cost of flat, how much is share of father in law and mother in law. I mean also the amount extended/shared by father in law or mother in law and your husband. Further, you have not mentioned on whose name the loan is  there? Are father in law or mother in law also named as co applicants in loan. Further, what was the source of money for down payments. These issues are vital to decide share of brother on law because if money is paid by you or your husband alone, then brother in law will have no share.

Father's part will be distributed equally in 2 son, mother in law means 33 percent of total cost,

However, as full payment is not yet made settle him for a lower amount

Even though your husband is making the payments solely , all three of them have undivided 1/3rd share in the property.

Now on death of your FIL his undivided 1/3rd shall devolve upon your mother in law, your husband and his brothers and sisters if any.

So your BIL has 1.6th share in the property and he can relinquish his share voluntarily or on receipt of money which you may offer.

1.  IRRESPECTIVE of the cost of property or EMI or part /full payment or whatever, all the residual legal heirs of deceased Father-in-Law are entitled to EQUAL share /rights of the property.

2.  Value of Property (as per stamp rateable value) say 100/- and following of present share ratio (irrespective of who paid /pays)

a) Husband = 33.333%

b) Mother-in Law = 33.333%

c)  Father-in Law = 33.333%

3.  Father-in-law (FIL) (now deceased) property of 33.33% will have to be shared in following ratio

a) Husband = 33.333% + 11.11% (of FIL)

b) Mother-in Law = 33.333% + 11.11%  (of FIL)

c)  Brother of Husband = 11.11%  (of FIL)

4.  AFTER above, the loan EMI payable shall be paid according to above share of the ratio

1. whether or not any contribution was made by FIL, since his name is added as a co-purchaser, upon his demise, his legal heirs will have a claim in his 1/3rd share

2. so the brother can claim in his father's 1/3rd share

3. the brother has a 1/3rd share in his father's 1/3rd share i.e. 1/9th share

4. so long as the loan does not turn bad and emis are paid on time, the brother's share as above will remain

5. if the loan turns bad, then the bank which has first charge on the property, will be entitled for public auction of the same to recover its dues

6. the claim of the brother for release of his share as above will be considering total cost of the flat as at present

The share of your father in law in the property shall devolve equally on all his legal heirs consisting his wife and children.

If he has to be avoided making an entry into this property then you may request him to execute a registered release deed relinquishing his rights in the property.

Then your husband and his mother alone will be joint owners with 50% share in the property to each.

He has one third share out of your father in law's one third share in the property, hence you can calculate the value of the property  and by division into number of parts  and allot him one such part of amount that becomes his entitlement.

This is my response to you:

1. Yes your brother in law has a claim on the proeprty;

2. He can sign a release deed in your husband's favour;

3. Less stamp duty and less registration fees;

4. Consult a local lawyer, discuss full facts and take steps.

on demise of your father in law his sons,daughters can claim equal share. your husband brother's can execute relinquishment deed or gift deed it should be duly stamped and registered. 

pls consult local property lawyer. 

If he claims you need to prove that the said amount of buying that house is from your husband's known sources and only for routine process it was in father in laws name and no other person have right

Yes, Your husband Brother has a share in his parents property.  share will be amount paid till now.

1. As per the information mentioned in the present query, makes it clear that you have not been guided with the exact position of law with respect to the property bought by Children in their parents name.
2. It is true that parents share are considered to be the self acquired one for them, but it doesn’t mean that other children who has not paid anything for buying the same would have share in it.
3. It is because of the reason that one child paying the EMI, showed respect for parents and others just want share as one dies without living any Will for his share.
4. It has been a settled position of law in number of case laws.