• What happened wife property after death

Dear Sir,
I am senior citizen of india and I would like to share my problem and want expert solutions.
when I am govt worker I purchased one plot on my wife name in 1990.
In 2008 I take a loan from BoB bank about 8 lac to built the house for my elder son.
Bank loan taken on my name, my wife and my elder son.
In 2010 my elder son married and move to delhi.
In 2011 my wife expired due to cancer and after my wife death my son in law and my elder daughter come to my house for take care of me.
After some time they shifted in my house for helping me but there intention is something else.
In 2014 my younger brother having some serious injury in spinal and I go to delhi for his treatment.
After few months when I visited again at my house then my son in law and my daughter told me that this is our house and we give 60 lac rs for making this house and they incrouchment my house.
I stop the payment of loan but they started the EMI of bank after meeting bank manager.
 please suggest what can i do i have no house to live.and she is also want her share in all property i purchased in the name of my wife as well as my name property.All property belongs to haryana.


MY DAUGHTER  was married in 2003
Please suggest what I do.

Asked 2 years ago in Property Law from Sirsa, Haryana
Religion: Hindu
It is a shame that children do this to their parents and leave them homeless in the evening of their life. Be that as it may, this property was registered in your wife's favour. So after her intestate demise it devolved on all her legal heirs i,e you and your children. Being a co-owner of the property you have the right to reside in the property. This right cannot be taken away by other co-owners. You should file a lawsuit for injunction against your daughter and her husband to restrain them from preventing you to reside in the property. You are also free to file a suit for partition to cull out your share in the property. The case is to be filed where the property is situated.
Ashish Davessar
Advocate, Jaipur
23092 Answers
639 Consultations

5.0 on 5.0

Hi, as the property was purchased in the name of the wife after her death property will be fallen to share of all the legal heirs.

2. In your case wife has no Independent income so you can file a Suit for Deceleration to  Declare that you are the absolute owner of the property and the property was registered in the name of your wife for only name sake and also pray for delivery vacant possession of the property as you have no other alternative accommodation.

Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

1) as per facts stated by you it appears that house was bought in joint names of yourself , yiur wife and your elder son 

2) on your wife demise her share will devolve on you and your 3 chmdren 

3) yiu can file declaratory suit that you are absolute owner of the house as all consideration was paid by you . 

4) it should be mentioned that your wife was house wife and had no funds to purchase the house 

5) suit had to be filed where property is situated 

6)you should also make will bequeathing your share in house to whomsoever you desire 
Ajay Sethi
Advocate, Mumbai
46644 Answers
2759 Consultations

5.0 on 5.0

1) If your wife died without a Will all her children and you have an equal right in the property that she left behind.

2) As you have no house to stay and besides the plot is in your wife's name and the loan for the house is in the  joint names of you three there is no legitimate way that your daughter and son in law can deny you ownership rights and possession of the house.

3) You can file for eviction of the son in law and daughter who are illegal occupants of the premises. You being a senior citizen and a dependent can file for maintenance obligating your daughter to pay a maintenance to you as well.

4) Unfortunately you can not file the eviction suit in Delhi as it would be out of jurisdiction as the property lies in Haryana.
S J Mathew
Advocate, Mumbai
2263 Answers
110 Consultations

5.0 on 5.0

this is your property, your wife was ostensible owner because at the time of transfer of this property in her name she had no source of income. It is common practice in India that husband purchases land in wife's name for saving stamp duty. After death of wife husband is the only heir if he alive. 

your daughter and son in law have no right in the property. You may file a suit for temporary injunction and stop loan proceeding immediately. 

Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

Legally speaking the house you purchased on your wife's name shall be her own property though you have fully funded for it and also have been paying EMI for it.
Now upon your wife's intestate death, the property shall devolve equally on all the legal heirs of your deceased wife namely all her children and yourself. 
You can file a partition suit on your behalf and on behalf of your two sons seeking division of property into four equal shares and to allot you with three such share for all the three of you.
If you dont like the above legal step, you may file a declaratory suit to declare the title to the property on your name based on the evidences for funding the purchase of the property as well as the EMI repayment details.  The chances of success is very dim in this step however, this may bring some fear into your daughter's mind if very strongly protested about her unauthorised occupation of the property.
Consult you lawyer on all such further issues.
You cannot file a suit in a place other than the jurisdiction where the property situates.
T Kalaiselvan
Advocate, Vellore
36770 Answers
403 Consultations

5.0 on 5.0

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