• Stay order from court

Hello Team,
My Sister owns a house in Mathura India, House is on my brother-in laws name.
She has Daughter and Son, Both married.
Son moved out of my sisters house after marriage in 2012.
He then passed away in January-2015, His in-laws now want the share for their daughter from my sister's property, they have been demanding to buy her a house or give her money. 
My Sister have been trying to find a suitable house for her since my Nephew's death, I have seen personally how demanding the In-Laws have been and at times threatening with goons.
My sister decided to sell part of her house to make the money immediately to buy a small land for their daughter-in law however these things do take time, which daughter in law and her parents do not understand. they went to court and got the Stay Order so my sister cannot sell. 
What can we do in the matter as if we cannot sell part of land we cannot buy another place, also, we want to be fair to both Daughter and Son equally. Daughter-in Law wants full property after Sons death - Please help. The house is on my sister's husbands name by the way. your response will be appreciated - Sunita Sharma. suneeta_shrm@yahoo.ca
Asked 5 months ago in Property Law from Canada
Religion: Hindu
1)daughter in law has no share in  self acquired property  of her in laws 

2) your sister and brother in law  are  free to sell her property . 

3) they  can bequeath property as she pleases 

4) you should move court to set aside order passed point out that it is self acquired property of in laws 

5) refuse to transfer property to DIL 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
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please try to understand son has no share in parents property during their lifetime 

2) it is only if parents die intestate ie without a will then son and daughter would have equal share in the property standing in parents name 

3) never bow down to black mail tactics 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Is brother law is alive or not? The son/ daughter/ daughter in law have no right over the self acquired properties of parents and in laws. Contest the case and produce the documentary proof with regard to the ownership of the property before the court for vacating the stay order. 
The sister has no legal obligation to transfer the property in the name of daughter in law or children’s. Is the daughter in law filed case under DV Act? If so argue the matter that the property is not comes  under the definition of shared house.  A daughter in law’s legal rights in her in law’s house are the same as her husband’s rights. Whatever is his, is hers.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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The daughter in law has no rights in father in law's property.
She has rights only in her deceased husband's intestate properties as one among the  legals heir to him.
If she has obtained stay or injunction it would be a temporary injunction only.
Your sister should file a counter to vacate that injunction order and contest the case.
By the way since the property is in the name of your brother in law how will your sister be entitled to a share in that property during his lifetime?
It is he who has to contest the case and also can sell or alienate the property. 
Your sister cannot play any role in it.
The case filed by your sister's daughter in law seeking a right or share out of her father in law's property is not maintainable in law.
After vacating the injunction or stay, your brother in law can proceed with the sale of the property if there are no restrictions from court.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
Daughter in Law & her family is demanding my nephew's share as he passed away. can she ask for her 2 daughters share born out of marriage to my nephew who is no more but also did not contribute towards his mom & dad's home. your response is appreciated

Neither the daughter in law nor the grandchildren can claim the property or even a share in the property that belongs to your brother in law as a right especially when your nephew himself has no rights to claim any share out of his father's property during his father's lifetime. Therefore the daughter in law or her children cannot claim any right in your brother in law's properties hence the case can be challenged properly and get it dismissed.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
can she ask for her 2 daughters share born out of marriage to my nephew who is no more but also did not contribute towards his mom & dad's home.

Moreover it is evident that your deceased nephew did not fund or contribute any amount towards purchase or construction of the said property lying on your brother in law's property, his widow or children do not have any ground or rights in the property.  She is playing on some misguidance by some greedy vested interest people.  If she realises the legal position she may come down to negotiations and would accept whatever given to her which otherwise she is not entitled to.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
Hello,
1) As a matter of fact if the house is self acquired by your brother in law your deceased nephew has no share in the property and therefore his widow or their children do not accrue any right in the property under laws existing. If the property is ancestral ie., handed down four generations undivided then the widow and the children can demand partition and get a share proportional to the right accrued.

2) If the property is indeed self acquired, your sister should not take any steps to provide another house or try to sell to oblige. Let her ask the daughter in law and children to come and live with her.

3) The demand is unreasonable whether it is fit the flat or fit a share. Let them take the matter to court and your sister must contest on merit.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Is the husband of your sister alive? If the answer is yes then during his lifetime none of his legal heirs succeed to his property, whereas if he died intestate then his property devolved through succession on his widow and children. On the demise of you nephew his share further devolved on his mother, widow and children, so the widow of your nephew can file a suit for partition to cull out her share in the property.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. Is your brother in law still alive?

2.If yes, then no body in the world has any right on the said property standing in the name of your sister's husband during his life time,

3. If he dies intestate (i.we. without executing a wll) then only all his legal heirs (and the legal heirs of his legal heir being his son) can claim share of his said properties,

4. Ask your brother in law to  contest the case fittingly and also eceute and register a gift deed or will in favour of your sister to anybody he feels like,

5. Purchasing property for his daughter in law is just optional to him and no body can force him to do so,

6. Lodge police complaint if he is tortured by the daughter in law and her family members.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. The claim of share for your nephew will arise (claiming the share of his demisede father on the property) only if your brother in law on whose name the property stands dies intestate,

2. If he is alive, nobody else other than your brother in law can claim the said property,

3. Your brother in law can transfer or deal with the title of the property any way he likes without taking consent from anybody.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. It is irrelevant whether anybody has contributed towards hose expenses or taken care of the parents or not for legally claiming share of the property,

2. If your brother in law is no more then your nephew's wife (if she not remarried) and son has equal claim on their father's share of his father's property.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0

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