Legal Question in Family Law in India

Due to Dowry harassmenet I filed a case on my in-laws. My Father-in-law was paralyzed since a long time and expired 1.5 years back. I learned later on that there was a DDA plot alloted in his name in 2007 the installemenets of which are possibly being paid by my husband. Now since my father-in-law expired, I suspect that plot would get transferred to my mother-in-law. Now my mother-in-law is already having a DDA flat in her name. Technically speaking, can both the DDA properties be in the name of the same person. If not then who will be the owner of that property. My husband has an unmarried brother and a married sister also. Do I have any rights in the plot of my father-in-law.


Asked on 8/09/09, 2:55 am

3 Answers from Attorneys

Vishwa Arya Arya & Co.

No, You do not have any right as such while your husband is still alive. More over you have not mentioned whether your father in law left a will or he died without leaving a will. if the other flat owner by mother is 80 sq mtrs or less, Mother in law, still may own another plot in inheritance from her.

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Answered on 8/09/09, 3:29 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the property belonged to your father in law and he died without executing a will, the property needs to be divided among all the legal heirs equally i.e. your husband, your mother in law and her children. it is only your husband who can claim the right to partition or declaration and you have no locus to file the civil suit against your mother in law.

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Answered on 8/09/09, 4:26 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

I agree with the above opinion.

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Answered on 8/09/09, 9:44 am


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