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Grandfathers property can dead uncles wife claim share in the property
03-Feb-2023 (In Property Law)
There is a property on my grand father. My grand father has two son. One my dad and second is my uncle. My Uncle is married but he have no child. He have his wife only. And my father have one daughter and one son, means me. Both my father and uncle living in a G+3 storied house on 5 cottahs of land. Now my uncle died. But his wife is trying to land grabbing She want to become share holder instead of his late husband. So my question is that she is a property owner house? Wil she become share partner of my dad?
Yes she can claim her share over the said property as the property was inherited or ancestral property which makes her the legal heir of your Deceased Uncle. She is entitled for her share in the said property which will be the total share of you r Uncle in the property. though, for your share in the property you can file a partition suit in civil court.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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After death of your uncle his wife already became 50% share holder of the property by operation of law. Yes she is now became one of the owners of the property alongwith your father. Yes she became share partner of your dad.
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This is a tricky thing. Need to know more details about the matter. However on a preliminary reading what i gather and opine is that if your grandfather is alive and the property is in his name he can gift it or will it to anyone he likes including your father by depriving your aunty. However if he is not alive then your aunty can claim. there is a recent judgement by the Hon'ble Supreme Court of India stating that daughter in law cannot claim any property which is " Self Acquired property" of her father-in-law. So my preliminary answer is no she cannot claim. However, this is just on basis of above facts and not complete without more details. Thank You.
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Adv. Vineet Kothari
Kolkata | 25+ Answers
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Yes, she has equal entitlement to that property as much as your father's. Now that she is asking for her share this might lead to litigation. The important point at litigation stage will be posession, so whoever will have posession at that stage will enjoy advantageous position.
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Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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