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How to get share in family property
29-May-2023 (In Property Law)
Dear Sir/Madam, My uncle (wife father) was recently died on 19.12.2016 1. He has one wife along with one son and daughter, but in the year 1996 she was died. She has 5 acre land (own) after her death my uncle married another women with same name and she has two daughters. 2. After my wife marriage this 5 Acre land has partitioned by three my wife, my brother in law and my uncle. 3. In the year 2006 my uncle wrote a will that his share property is belongs to his son (my brother in law) after his death by mentioning he has right to change this will any time. 4. Again he wrote another will in the year 2014 mentioning this property and other properties to his second wife and her children. 5. Who will get share in his death benefits? 6. Who is responsible for his dues? Now how can we get share in those properties? Regards Rao
In the given situation, if the property owned by your father-in-law is ancestral then his son from the first wife and your wife, and his two children from second wife will be getting the share in the property by a way of partition in case any dispute arises.
Now as you mother-in-law (deceased) has not transferred the said 5 acre land, it was divided among your wife and her son and her husband. Now your father-in-law's share of the property will now go to the second wife and her children as he has mentioned the same in his will.
Now coming to the death benefits, it will be shared equally among both wife's children and second wife in case there is no nomination filed in his employment documents.
His legal heirs will be responsible for paying his dues. It is the duty of his son to pay the same, but limited to the share he has inherited.
Now as you mother-in-law (deceased) has not transferred the said 5 acre land, it was divided among your wife and her son and her husband. Now your father-in-law's share of the property will now go to the second wife and her children as he has mentioned the same in his will.
Now coming to the death benefits, it will be shared equally among both wife's children and second wife in case there is no nomination filed in his employment documents.
His legal heirs will be responsible for paying his dues. It is the duty of his son to pay the same, but limited to the share he has inherited.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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