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Claim in property owned by inlaws after divorce


10-Sep-2023 (In Divorce Law)
Hello, I am a mother of 2 adults, a daughter and a son (aged 20 and 22 respectively ). I have been married since 23 years. I live a separated life in a joint family since last 6 years. My husband doesn't have any property under his name. The house in which we live was owned by both my father in law and mother in law (50% share each). After the demise of my father in law the will of the property came out in which it was mentioned that the property is divided between my brother in law's son and my son (50% property of father in law). The upper portion belongs to my son, its where we are living since his birth. And so is lower portion given to my brother in law's son. There is 50% property of my mother in law still there and she is still alive. Also, I have 2 sister in laws as well, both married since a long time. I doesn't wish to live in a house where I am seperated, so I will be filing divorce case very soon. My few questions are 2. How much share will I get in the property?
Answers (2)

Answer #1
798 votes
OKn the above mentioned query, in my view, I think please file a suit for partition on behalf Of your two son's. Because if u will file a suit so the share is belongs to your husband in the said property that is 25% of the mother in laws share.
And if your son's file a case for partition then the final share of yours is approximately 50% of their grand mother's share because the said property belongs originally to grand father.
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Answer #2
547 votes
I request you to kindly visit my ofdice or call me. I can't explain you here. For all these type of queries, we need time and a long discussion. The question asked by you are not clearly explaining the situation which you are asking. I request you to take my details and cisit my office or call me.
Thankyou,
Regards,
J.K. Tomer
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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