Mere bete ki death ho chuki hai aur meri vahoo pichhle ek sal se apne father ke ghar rahti hai ab vo sasural bhi nahi ana chahti aur mere hotel mein share maag rahi hai jo ki mere nam, meri wife and late son ke nam hai, jab ye property ham tino ke nam ki gayee thee tab mera beta 15 years ka tha, kya ab ye property vahoo ko milegi, vahoo ka nam abhi nagar nigam mein nahi chadha hai, aur case district court mein hai
Asked in Property Law from Mauranipur, Uttar Pradesh
1. Since your son was the 1/3 share holder of the propriety on his death his 1/3 share in the proeperty devolves upon his legal heirs.
2. on his death his widow,mother and child, if any inherits his 1.3 share in undivided equal share.
3. So in other words you can deny the share of your daughter in law and for amicable settlement giver her money in lieu if share in the property adn get a deed of relinquishment from waiving her future claim therein.
1) aapke beta Ka one third share tha property par
2) aapke bête ke Marne ke baad unki biwi Ka aur maa Ka hissa hoga uske share par
3) Yaadi aap Ka beta 15 saal Ka tha jab uske naam par hotel khareeda tau app defence raise kar sakhte hi ki beta ne koi contribution nahi Kiya hotel Lene ke liye
Your deceased son was a co-owner in the hotel. So your daughter-in-law has along with your wife succeeded to the share of your deceased son, which she can cull out by filing a suit for partition in the civil court. It is immaterial that your son was a minor when the property was conveyed to your son.
She can claim her share in the property which is lying on her deceased husband. She can also claim maintenance from you. You have to pay maintenance until she marries again.
After winning the case of property, she will apply in the Nagar Nigam, then her name will reflect.
As you have stated that this property is lying on all the three people name which includes your deceased son also, upon his intestate death his share of property shall devolve on all his own legal heirs which consists of your daughter in law(if she has not re-married), his children and his mother.
As per Hindu succession act, your daughter in law, as a widow to her deceased son shall be entitled to a share in the property lying on his name.