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Partition suit......................


06-Aug-2023 (In Family Law)
My FIL died without a will. Most of the properties were purchased in my MIL name. Now she has done gift deed of everything to her daughter and son in law name. She is not educated or going for any job nor she has any property from her father. Can we claim our share in these properties.
Answers (2)

Answer #1
636 votes
Hi, you can definitely file a suit for partition of your FIL property in the court of jurisdiction. You will have to establish the grounds as to how the property was earned by your FIL and no role of your MIL in the efforts to earn the property. Based on the efforts of an advocate in the court, the property can be partitioned equally between all the legal heirs of your FIL and cancel the Gift Deed executed by your MIL.
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Answer #2
785 votes
Respected As you informed your MIL have most of the properties that she had purchased. These property have become her absolute property and self acquired property. Therefore she is having absolute right to convey the same to others either by Deed of Sale, Deed of Gift or WILL. You cant claim over this property. As you informed your FIL died without a Will. Then all the successor of him will get equal right over the said property. In that property you can claim the share through your husband.
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