Since siblings are not Class I legal heirs, your father’s brother cannot claim his self-acquired property if he dies without writing a will. Only the first-class legal heirs, including his wife, children and mother, have the first claim on the property in question.
> My husband has a business while I have a salaried job. In 2018, he asked me to take a loan of Rs 10 lakh for my business as my credit score was better. He said that he will return it to me in 2-3 years along with profit from the business. So, including Rs 5 lakh in my account, I gave him Rs 15 lakh for my business. Five years later, I am still paying the EMI and he has not repaid me. He says that the money has been used in various investments and he never thought that I would ask for money back like an outsider. He also wants me to repay the loan with cash in my bank account which I have saved in the last five years. I think it is not fair because if I had invested it my money would have increased a lot. Should I ask him to return the money at the risk of souring our relationship or should I just let it go? — M Patel
Since you do not have a written agreement with your husband, you cannot legally force him to return the amount. However, you should insist that he repay it, preferably with interest, no matter what he says. Since the relationship has already soured because of his actions, don’t feel emotional pressure or guilt about asking for the amount. This is your hard earned money and you have every right to demand it back. Also, do not repay the remaining debt yourself. Instead, ask your husband to repay it for you because it was taken over for him in the first place. If, however, you don’t want to spoil your relationship, either suggest that he invest the amount for joint retirement in your name, or use the money for children’s goals, if you have children, or buy property equal amount In the name of you and the children. You can also ask him to refund the amount in installments if he cannot pay the entire amount in one go. You can also contact a financial planner or legal expert For advice on how to proceed.
Q. My father passed away recently and he has bought many properties with his money. However, my father’s brother is threatening us saying that he too has a right to share in this property. Please advise. – Rule. V
Assuming that your father died without a will, his Class I legal heirs will have the first claim on his self-acquired property. These include his wife, children and mother. Since your uncles are siblings, they are not first-class legal heirs, and therefore, they cannot claim the property.
Disclaimer: The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.