Your son being a biological son of your ex-husband, he has right in the intestate property left behind by his father. Since the house property is jointly owned by you and your ex-husband, you already have 50% share in the said property. Besides your son, your ex-husband's mother (if alive) has an equal share in her deceased son's intestate property. Since you are the mother of your minor son, you have all the rights as his guardian to protect his interests in the share out of the intestate property left behind by his father.

Therefore you should file a suit for permanent injunction against the defendants from interfering in your possession and enjoyment of your share in the property as well as your minor's son's hare in the property, this suit can be filed on your behalf a well as your son's behalf by you.

You should issue a legal notice to the secretary of the society asking him to restrain from transferring the shares of the property to a third person and also stopping him from giving NOC for a sale by any third person. The secretary of the society may be impleaded as a defendant in the proposed permanent injunction suit.

1) since your ex husband died intestate on his demise his 50 per cent share of the house would devolve on his mother and your son

2) your in laws cannot sell the house as you are joint co owner of the house having 50 per cent share . Yiur signature on sale deed is required

3) mere tel conversation of your ex husband wherein he told you that your son should be sole owner of the house is not sufficient to make yiur son sole legal heir of the house

1. The ownership of the property was joint when it was purchased. After your ex's demise his mother and children succeeded in equal proportion to his share in the property. Since your ex husband failed to reduce to writing in an instrument of transfer of property his wish to make your son the sole owner of the property your son cannot get the absolute ownership except if his grandmother transfers her share to him.

2. There is no trespassing into the property as your son's grandmother has a share in the property. She can permit anyone to reside in the property. You can on behalf of your son file a lawsuit for partition to cull out his share in the property.

Well forget the decree of divorce. On the death of your ex husband your son inherited all his property in equal half share with his grandmother mother. Had you been not remarried then the property would have been divided into1/3rd share taking you into account.

Anyway to give your son his due share in the property you in the capacity of her legal guardian can file a suit for partition and injunction so the property may not be transferred depriving his half share.

Dear Neelam,

After the demise of your Ex husband ,50 % of his share of the house would devolve on his mother and your son .You have only 50% share in the property. So the grand mother is not considered as a trespasser. Now only the remedy is settle the matter amicably or file a partition suit .Not for get that once your ex husband is son of Grand mother. Now the batten handed over to you and your son.

May be bad events had happened with Ex husbands parents in life even though settle the matter amicably and peacefully.

1. The aid flat was registered in the name of your ex-husband,

2. You are now paying for the remaining EMIs,

3. Your son through him is the only legal heir of the property along with his mother(if she is alive). If she dies after the death of your husband then her 50% share will b shared by all her legal heirs,

4. Now file a declaratory suit claiming that your ex-husband has gifted his flat to your son which has been tele-recorded by you and praying for a direction upon the Registrar to register the property in favour of your son by collecting the stamp duty and registration fee required for registering the gift deed,

5. Alternatively, you can claim that the said tele-conversation should be treated as his will and apply for grant of probate of the tele will.