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Indian Law/Right of property


QUESTION: Respected Sir, I got remarriage in the year 2011, Prior to my marriage, my wife was widow( her husband was expired about 2 years ago. There was an residential property in the  joint name of her previous husband and his elder borther. Whether, the rights of my wife on the said residential property  is still exists. If so, whether the other brother can sell the said property without consent of my wife. If not, whether we may take legal action if elder borther send this property without any consent of my wife.

ANSWER: Only the true owner acquires ownership in the property.In the instant case ,as per your own statement, the property belongs/belonged jointly to your previous husband and his elder -brother.So if they are alive they are still the owners of the propety and thereafter , it will pass on to others as per their WILL/other Transfer-Documents.

---------- FOLLOW-UP ----------

QUESTION: Respected Sir, My question was whether my wife has right on the property even after her remarriage with me whose previous husband was expired and said plot was jointly purchased by her previous husband and his(her husband's borther) brother.

After re-marriage, your wife has forfeited her right to inherit the ancestral property of her previous husband.Moreover, in the instant case , the property was purchased in the joint-names of her previous husband alogwith  his elder-brother.If it was purchased on either or survivorship basis ,then after the death of her previous husband, her late husband's elder -brother will become the sole owner of the property.Otherwise, her previous husband's share in the property will pass on to persons as per his WILL or in the absence of the WILL to his legal heirs,as per the Succession Certificate issued by the court.Please verify the existing title-deed of the property.Apparently, your wife does not have much merit in the case.However, you may consult a lawyer and also take his views in the matter.

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Arun Kumar Maitra


Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.


I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore



Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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