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What share does my wife and all heirs have in her father's property?


17-May-2023 (In Property Law)

How can I legally stop my wife’s brother who is planning to construct floors on his father’s property who had passed away when she was in school? The property is in their father’s name and the brother and his wife are staying in the same house. Now he is planning to construct more floors in the same building.

 

My wife and 2 more sisters and their mother are also alive. What share do all 3 sisters, the brother and the mother get in the father’s property? If we want to stop the brother from constructing more floors how can we do so?

 

Answers (1)

Answer #1
497 votes

If your wife’s father died intestate then as per the law, the deceased widow and sons and daughter have equal share in the deceased’s self acquired property i.e. in your case, your wife, her 2 sisters, her brother and her mother each have 1/5th share in the property.

You need to file a suit for partition and permanent and mandatory injunction for stopping your wife’s brother from altering the property.

Kindly contact us for any further details and action.

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