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Does my kids have share in grandfather's property
01-Apr-2023 (In Property Law)
Mera Naam Madhu h n m Sirsa Haryana se belong krti Hun. My husband passed away last nine months before.Meri SAS ne mujhe bachon k sath ghar se bahar kar diya h. Mere do sawal h- Pehla k jis ghar se bahar kra h vo mere sasur ka tha or ab sas ke Naam h. Mujhe daar h k kahin mere bacho ka hissa apni betion Ko na Dede. Kya mere bacho Ko usme Hissa milega? Dusra sawal h k mere pati ne ek makan Apne Naam par Liya tha jispar loan h loan main pay kr rhi hun. Kya Makan par meri sas share k demand kr skti h?
Your kids do have a coparcenary right in the property - in an event your father-in-law and husband have died intestate. In case the property originally belonged to the great grand father who died intestate and later from grandfather to grand mother (your mother in law) it got bestowed by way of grandfather's will, such 'will' that overrides or contradicts the rights of the coparceners - is not maintainable in law. The coparcenary rights as to your kids' share in the said property has to be secured.
About whether your mother in law can demand a share in the said property -
(Assuming that the husband has died intestate.)
- Not unless she proves that she was entirely dependent upon her son and such dependence (upon his demise) has fallen directly on the said property (as with the other dependents of the deceased) proportionately, to the amounts of her son's investment in the said property. In that case too, her best bet will only be to demand living rights.
About whether your mother in law can demand a share in the said property -
(Assuming that the husband has died intestate.)
- Not unless she proves that she was entirely dependent upon her son and such dependence (upon his demise) has fallen directly on the said property (as with the other dependents of the deceased) proportionately, to the amounts of her son's investment in the said property. In that case too, her best bet will only be to demand living rights.
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