Maternal grandson's claim in deceased grandfather's property
My husband, my mother in law and I live in a house which got legally transferred to my mother in laws name, (as per nomination by my husband's grandmother in property document).
The house was originally purchased by my husband's grandfather in 1960s.
Grandfather had 2 children, one son one daughter.
Daughter married n moved out of house in 1960.
Son married and stayed with father (husband's grandfather) thereafter.
Grandfather died in 2000 without will
Grandfather had nominated grandmother for house transfer. House got transferred to grandmother in 2000.
Grandmother nominated her daughted-in-law.(my mother in law)
Grandmother passes away in 2003 without will.
Property got transfered to my mother in law in 2003.
Husband's aunt(grand mother's daughter/my husband's paternal aunt) passed away in 2014with no will. She is survived by 1 son n 3 daughters all married.
Mother in law wishes to sell this house n purchase a new house of higher value.
My husband's cousin (his deceased aunt's son) is claiming his part in this property.
Is this claim justified? Are we to pay the husband's cousin 50% of this house's sale price, even when the property deed is on my mother in law name since 2003?
Pls help in this case. Really distressed.
Asked in Property Law from Greater Mumbai, Maharashtra
1) grandmother died intestate . she merely nominated your mother in law
2) nominee is only trustee for legal heirs
3) on grandmother demise her 2 children had equal share in the house
4) since daughter has not relinquished her share on her demise her children will inherit her share
5)for sale of the house mother in law would need consent of legal heirs of the paternal aunt
What is the document / deed executed to show that the property is nominated to your grand mother. If a person died Intestate with out creating a legal document regarding the properties,then the properties equally divided among in his / her legal heirs. With out getting a valid title and absolute ownership no one can transfer the property to others. If any of the legal heirs died after or before the death of the predecessor then their legal heirs also has right of share over the property.
1. A property transfer cannot be made on the basis of nomination. Nothing less than a will could have transferred the property from your husband's grandfather to grandmother.
2. Since the grandmother also died without a will the law of succession opened up on the heirs of her deceased husband.
3. How the property got transferred to your mother-in-law on the demise of her mother-in-law is not clear from your query.
4. The son of the deceased aunt has an equal share in the property as the property is the self purchased property of his maternal grandfather who died without making a will.
The concept of transfer of property by nomination is not understood. Please specify how and on what basis the property was transferred to your mother in law's name by her mother in law?
Assuming that the grandmother of your husband transferred the property executing a settlement deed or a gift deed in favor of your mother in law, it is a legally valid transaction and confers the absolute title on your mother which cannot be disputed by legal heirs of the deceased paternal aunt.
There is nothing to worry in this, let them proceed through court, the case can be challenged about its maintainability itself.