She does not have any legal right as you are the nominee of the flat.. The legal fee depends upon the individual lawyer ( no fixed fees is prescribed).. Kindly provide details where is your case needs to be filed ??
Property share and lawyer fees
Dear Sir, Me and my son bought a flat together and it is registered in my name and my son's name. My son has mentioned me as nominee. Unfortunately my son passed away in an accident. I'm bed ridden and need money for treatment and my wife is a cancer patient. I need money for treatment and hence I sold my own property and gave 15lac to my daughter in law, but now she claims that this flat also should be given to her. Due to lack of money I decided to fight her in court. Could you please advise me on how much would be the lawyer fees and how much share of the property would go to my daughter in law.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1. Upon the unfortunate intestate death of your son, your son's entitlement in the joint property is 50% share, unless otherwise stated in the Sale Deed.
2. Your wife, your daughter-in-law and your grand children are entitled to equal share in the main share of your deceased son. In case your predeceased son had no children, then your deceased son's share shall be further sub-divided equally to your wife and daughter-in-law in the ratio of 50% each.
3. Based on location of the property, the Lawyer fees can be determined.
1. You have a hlaf share in the proeprty and hence your DIL can not claim full share in the flat.
2.The fees of an advocate on the nature of the case, the court where is getting fought and the stage of suit.
3.So Unless these factors are cleared it is difficult to quote on advocate's fees.
Nominee is only trustee for legal heirs
On your son demise his 50 per cent share would devolve on your wife and daughter in law
Legal fees depend upon lawyer engaged by you
Hello,
After demise of the husband intestate, the wife can claim equal share of her deceased husband's properties as she is also a dependent, if you go ahead and file a case it will take lot of time and the fee will depend on the alwyer you hired.
Regards
1. If your Daughter in Law wins the case, she will be entitled to 50% share of your son's 50% share of the said flat and your wife will get equal share of the same along with her being the two legal heirs of your deceased son.
2. So, she will get 25% share of the entire flat or its sale consideration.
3. Lawyer's fees widely vary from Lawyer to Lawyer and also place to place which you shall have to clearly negotiate with your lawyer. However, in Kolkata, the fees for drafting and filing a suit is around R.4 K to 50K and appearance fee per day's appearance is around Rs.3 K to Rs.5 K. for medium grade lawyer.
The lawyer fee cannot be predicted, it would depend on the lawyer who you would engage.
Your daughter in law is one among the legal heirs of your deceased son.
If your wife is surviving your deceased son, besides your wife, the wife and children of your deceased son shall be entitled to an equal share out of the share of your son in the property jointly owned by you and your deceased son.
As the property is in your possession, let she initiate any legal action on this, which you can challenge it in the court.
