Her oral wish to the effect that your husband should own the entire flat post her demise has no validity in the eyes of law. Since she died without making a will all her children have an equal share in the property.
Unwilled property
My husband and his siblings are total 7 children - 4 sons and 3 daughters. My mother in law owns a flat in Mumbai and she expired recently without a will. The flat is up for redevelopment and the costs are been borne by my husband. He has been taking care of all the maintenance and overhead costs from the time the flat was bought. She had been staying with us from the time we married - 11 years. We had been looking after her expenses medical and otherwise single handedly without help from any of the brothers or sisters( except if she had been provided money by any of them). She has not written a will but wanted my Husband - her last born to own the said flat verbally. What can be done in this case?
Asked 10 years ago in Property Law
6 Answers
Sir, than what about the amount spent till date by my husband for the upkeep of the flat. He has all the receipts. Can the same be done by selling the flat and distributing the amount among all the siblings and holding back the amount spent till date? This same is quite a huge amount.
Asked 10 years ago
Your husband spent the amount voluntarily, so he cannot recover it now from his siblings. None of the receipts will be of any help. The flat will be divided equally amongst all the children of your deceased mother-in-law.
1) since your mother in law died without a will your husband has only 1/7th share in flat .if she wanted your husband to have the flat she should have made a written will . oral wish has no value in eyes of law
2) in case his brother /sisters dont want any share in flat they can execute Deed of Relinquishment in favour of your husband
the amount spent by your husband on maintenance of the flat cannot be claimed by him . He has paid the maintenance amount voluntarily and cannot claim the said expenses incurred till date
the amount spent by your husband on maintenance of the flat cannot be claimed by him and paid the maintenance amount voluntarily and cannot claim the said expenses incurred till date
If your husband's siblings voluntarily offer the money spent by your husband towards the maintenance of the Flat and hospital expenses of their Late Mother then its fine. If not, legally your husband can not claim money for the expenses from his siblings. All the children will have equal right over the property since your mother-in-law has died intestate i.e.,without writing a Will. Even if your mother-in-law had verbally mentioned her desire of giving the property to your husband only after her death that will not have any legal binding, since she had not put that into writing. However the siblings, if they wish, can relinquish the property in favour of your husband.
