Posted on: 25th Jun, 2010 02:59 am
my sister in law and his husband was living separately from her in laws. Recently her husband expired due to heart attack. Her husband has one flat from his own earnings. Can she get it trasferred in her own name. Her mother-in-law is trying to get share from this. Is it possible that her mother in law claim from their property though she is not living with her since last 20 years and getting pension also.
As far as I can understand, the wife as well as her mother-in-law both will be considered as heirs to the concerned property. However, the wife may have the first claim over the property. In my opinion, the wife should consult a real estate attorney and take his opinion in this matter. If the deceased husband has left a will, then the property will be divided as per the will.
If the deceased had a will, and the properties and how they were to be disposed of were incorporated in that will, then that ought to settle things. Otherwise, the heirs are in for a fight, it would seem.
