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Author Topic: ISSUES RELATING TO DISTRIBUTION OF PROPERTY TO MY WIFE ON FATHER IN -LAW'S DEATH  (Read 1647 times)

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Offline VENUGOPAL KOLLURU

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MY FATHER IN-LAW IS HAVING 2 DAUGHTERS AND ONE SON AND MY WIFE IS ELDER DAUGHTER.  MY FATHER-IN LAW HAS EXPIRED IN AUGUST 2014.  HIS PROPERTY DETAILS ARE AS FOLLOWS:
ONE OLD HOUSE AND FIVE CENTS OF SIGHT ALONG WITH NEW HOUSE AND 3.5 ACRES CULTIVTED LAND AND HE IS RETIRED AP TRANCO JR ACCTS OFFICER.  MY MOTHER-IN LAW IS DRAWING PENSION OF ABOUT RS 23000 PER MONTH.  MY FATHER IN LAW ALSO HAS DEPOSITS OF RS 30 LAKHS (APPROX) AND MY MOTHER IN-LAW IS ABOUT TO GET ANOTHER 9 LAKHS FROM INSURANCE CLAIM AS MY FATHER-IN-LAW EXPIRED ON ACCIDENTAL CASE AND SHE IS ABOUT TO GET ANOTHER RS 3.5 LAKHS ON NORMAL LIC CLAIMS. NEW HOUSE CONSTRUCTED ON ANCESTRAL LAND GIVEN BY HIS FORE FATHERS AND LAND AND OLD HOUSE AND SITE ARE ALL ANCESTRAL PROPERY.

I REQUEST YOU TO ADVISE WHAT ARE THE RIGHTS OF MY WIFE ON THE PROPERTY/CASH HELD BY FATHER-IN LAW AFTER HIS DEATH.  HOW TO CLAIM THE ABOVE IF THE SETTLEMENT IS NOT AMICABLE AMONG FAMILY MEMBERS ?

Offline advgaurav.sharma

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If your father in law has left behind a WILL than it will be as according to the WILL.

in case of he dying without a will than the mother and the siblings have equal share
Advocate Gaurav is a specialist in Trademark laws

Offline adv.amarnath

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Considering that your father-in-law has not executed any WILL or transferred his property whether in part or full, by Deed of Gift or had executed any Deed of Settlement.

On the time of death of your father in law, the property including movable has been devolved upon his heir equally. You have not mentioned that your mother in law sis alive or not. If she is alive then she will also get equal undivided share of property. Each and every heir will get 1/4th undivided share of property (if your mother in law is alive) or 1/3rd undivided share of property (if mother in law has died prior to your father-in-law).

If other co-sharer is refusing to get the property partition mutually, then your wife has no other option save and except to file a partition suit and accounts in respect of all the properties left by her parents.

For further clarification and advice in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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