• Right of a daughter

My wife has one Sister and one Brother who is a mental patient.

My Father-in-law and  Mother-in-law ( expired ) were earning members.

My Father-in-Law is inclined to write all the properties in his son's name.

What  are my wife's right in the properties claim. Can she challenge my Father in laws decision  in court of law ?

How can we protect the wealth in the name of a mental patient from being misused or acquired by others ?
Asked 4 months ago in Property Law from Ghaziabad, Uttar Pradesh
Religion: Hindu
1. He is at liberty to bequeath all his self acquired or separate properties to his son to the absolute exclusion of his daughter and also other heirs. The owner of the property has an indefeasible and unquestionable right to discriminate between his heirs at the time of making a settlement of his properties. Your wife has no right in the properties of which her father is the owner. 

2. If the properties bequeathed to a person who is mentally unsound are being misused then any of his relatives or friends can file a suit for injunction in the civil court to prevent such misuse and also for appointment of a guardian of the properties.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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1. The title to a property flows from the sale deed and not the sale consideration which may move from anyone at the instance of the buyer. If the properties are registered in your FIL's favour then he is considered the owner despite the fact that the sale consideration was paid by his wife. 

2. However, the properties registered in your mother-in-law's favour have, if she died intestate, devolved through succession on her widower and children equally. Your wife may file a suit for partition to cull out her equal share therein if it is denied to her/
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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if your father in law is of sound mind he can bequeath property to his son by will 

2) he can also execute gift deed to transfer property in name of his son 

3) i presume it is self acquired property of father 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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1) if property was acquired by FIL from MIL earnings then your wife as daughter should on mother demise file suit for partition to claim her share in property

2) it should be your wife case that property was bought by MIL in FIL name for benefit of joint family 

3) that FIL was only a trustee of the property

4) seek an injunction restraining FIL from` selling the property 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
Your father in law can transfer all his own and absolute properties in the name of his son.  

He has got full rights to do so without taking consent or permission or NOC from anyone including his own daughters. 

If your brother in law is a mentally challenged person, then your father should have mentioned the same in the registered  deed by which he transferred all the properties on his name and should have appointed a guardian to take care of all the said properties. 

If your father in law has not done so, then your wife as his  sister can file a petition to declare him mentally challenged based on the medical records under the provisions of mental health act  and after that can file another petition under guardians and wards act for appointing a guardian for the mentally challenged person. 

The court may appoint her or any other person as a guardian/court guardian to the mentally challenged person to take care of his properties. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
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 do not think my father in law has any right to bequeath any property which was acquired from my mother in law's earning.
What are wife's right in properties in the name of my Mother in law ?


Your mother in law might have been an earning member and also would have funded for the purchase of the property, but that cannot confrer her with any title to the property.

When there is no property purchased in her name then there can be no claim on the property held in the name of your father in law. 


If your mother in law had left behind any estate/property that stood on her name prior to her death and she is reported to have died intestate then your wife is entitled to a legitimate share in such property as a legal heir or successor in interest.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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