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HI MY QUESTION IS I WANT STAY ORDER FOR A PROP IN DELHI
26-Jun-2023 (In Property Law)
HI SIR I WANT STAY ORDER FOR A PROPERTY IN DELHI WHICH IS IN NAME OF MY MOTHER-N- LAW THE STAY WILL BE ON BEHALF OF MY WIFE .DISPUTE IS BETWEEN TWO SISTERS AFTER THE DEATH OF LATE MY RESPECTED FATHER-N-LAW MY SISTER-N-LAW WANTS THE HOLE -N-SOLE OF THAT PROP WITHOUT MY WIFE SHARE FOR THIS REASON SHE HAS COMPLETELY BOYCOTTED MY MOTHER-N-LAW FROM MY WIFE .SO FOR ANY FURTHER INVOLMENT MY WIFE HAS DECIDED FOR STAY .PLZ GUIDE ME IN THIS MATTER .THANKS
Hello, I have perused your query.
If in case your father in law died intestate or without executing any will in regard to the property, then it will be divided equally among all of his class one legal heir i.e. on the basis of survivorship (Hindu Law of Succession). Also, if the property is ancestral in nature , everyone will be entitled to an equal share in the said property.
Your wife can claim a share by instituting a partition suit in a civil court of law seeking crystallisation of shares and its respective possession.
For any further information regarding the same feel free to reach out to us.
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Adv. Love Kumar Soni
Goa | 400+ Answers
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After the death of your father in law all the children of your father in law and his wife becomes owner of the property having equal shares in the property and the same cannot be of someone solely in the absence of any will or any other document doing the same. You can certainly get stay once you approach the court. kindly contact.
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Adv. Harshit Jain
Delhi | 100+ Answers
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First, you need to send a legal notice them claiming them your wife’s share and ask them to not proceed to sell the property without your wife’s consent and her entitlement to the share.
which will suffice your requirement. In case this does not, a declaration or partition suit will be filed against the other share holders.
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Adv. Yuganshu Sharma
Delhi | 700+ Answers
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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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