Legal Question in Civil Litigation in

My sister lost her husband last year. She is left with 13yrs old daughter & 10yrs old son.Her in laws are living separately from last many years. The Flat she is living in was allotted to her husband and the amount of same was paid by my sister and her husband He also had a vehicle which is now to be sold.Law requires Survival Cert. Pls guide us wheather it is mandatory to add name of in laws in survival cert.2)what difference will it make either way. 3)can the inlaws prove there interest in property. They have two more son to look after them and two married daughters.


Asked on 8/20/10, 11:18 am

2 Answers from Attorneys
Vishwa Arya Arya & Co.

As per law, succession is upon your sister and two minor children - daughter and son unless your brother in law had left behind a WILL. Normally Flat would not require a survival cert but it would depend upon the state in which flat is situated.

Even the vehicle could be sold without the survival cert after requesting the transport authority to transfer the vehicle in name of your sister.

2. However if your sister want to add the name of in laws in flat, that is sister's choice.

3. In laws cannot claim interest in the property unless brother in law left a WILL in their favour.

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Answered on 8/20/10, 11:32 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as per law, their name is to be included and summons needs to be sent to them and in case they interested in claiming the property, they can as your husband died intestate. however, on humanitarian grounds, they may forgo their share.

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Answered on 8/23/10, 12:16 am


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