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My wife has 1 sis and 1 bro. My fil has distributed property like this. 10 acres to my wifes sis,15 acres to my bil, 4 acres to my wife and 7 acres kept with himself only. But by mouth my fil promissed my wife 2 more acres in his 7 acres afterwords. Unfor

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Voting closed: July 27, 2016, 10:08:20 PM

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Offline praveeneie67

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daughters share in fathers property
« on: July 17, 2016, 10:08:20 PM »
My wife has 1 sis and 1 bro. My fil has distributed property like this. 10 acres to my wifes sis,15 acres to my bil, 4 acres to my wife and 7 acres kept with himself only. But by mouth my fil promissed my wife 2 more acres in his 7 acres afterwords. Unfortunately my fil died in 2012. Now my bil is refusing to give 2 acres. He is saying my fil has debts. I feel that as my fil gave much property to my bil, debts clearance is his reapinsibility. me and my wife even ready to share the debts also according to the ratio of distributed property but v want the promised 2 acres. V r hindus. all the documents are wid my bil....how to get justice

Offline rajgopal sripathi

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Re: daughters share in fathers property
« Reply #1 on: July 18, 2016, 07:46:37 PM »
Hi
Oral will need to be proven in court and unless your FIL has committed to give your wife the entire 7 acres in front of witnesses who are ready to testify in the court, it might be a tad difficult  to prove the same.

Your wife will any way get  2 acres out of the 7 acres as your father in law did not make a Will with respect to these 7 acres. so these 7 acres need to be distributed equally amongst the legal heirs .

Legally the Debts need to be paid out first by selling properties and then balance distributed by the properties. So ask for partition of properties and also statement of debts.
Any debt that is predated prior to partition of properties (15 acres to BIL, 10 acres to your SIL, 4acres to your wife) should be paid out from their(BIL, SIL) respective shares.

Any debt that is ante dated subsequent to partition of properties, should be settled from the 7 acres of remaining properties.

With reference to title deeds, certified copies of title deeds can be obtained at Sub registrar office as these are public documents  ( you can get certified copies of title deeds if you know the survey number, extent of land etc)
Hope this helps

Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

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Re: daughters share in fathers property
« Reply #2 on: July 21, 2016, 08:36:32 AM »
Right now, remaining 7 acres of land is now devolved upon your wife, SIL and BIL equally and your wife is owner of undivided 1/3rd share of 7 acres of land. which is more than 2 acres. So make a partition deed or file suit before court.
Regards,

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

 

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