How to divide father in law's property who died without Will equally?
My father-in-law has left behind a residential property after his death. There is no Will by him. His wife is also dead & not made any Will. They have 4 daughters, one of which has also expired. She has 2 major children. The other 3 daughters are married. The 1st daughter has two major children. The 2nd daughter has one major child. The 3rd had 2 children, one of which expired 2 years ago unmarried. Her other child is married.
Please guide about sharing pattern of property.
The property is in possession of 2 daughters who are living on the Ground and 1st floor respectively, one not agreeing for division.
Answers (1)
There are two acts which govern intestate succession (without will) namely:
a. Hindu Succession Act
b. Indian Succession Act
In your case, both these Acts prescribe the same devolution of property. The property shall be divided equally amongst all 4 daughters i.e. 1/4th share each.
Now, as one daughter has expired, her share will be equally divided amongst her two children i.e. they will get 1/8th share each. It is immaterial with respect to the children of other daughters because as they are alive they themselves shall get 1/4th share each.
So as we can understand, you are the husband of one of the daughters who is not staying in the house. So your wife is entitled to 1/4th share of the property and she can file a suit for partition and permanent and mandatory injunction making the other two daughter and the children of the pre-deceased daughter a party to the suit.
The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

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 Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.
Related Questions
- Do I have rights to ask my share if property is in husband's name.
- Can a share in the property of Father be claimed after the will?
- Can I act on behalf of my wife during mediation
- I want my wife to get my property after my death what is the procedure
- Does a daughter have any share in her mother's family property?
- what are steps required to divide property
"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
Related Articles
- how to get building completetion & occupancy certificate
- Can a Gift Deed be challenged in India? - Property Gift Deed Rules
- Sons and Daughters Rights in Father's Property
- Illegal Possession of Immovable Property/Land
- Joint Ownership of Property
- Family Property Dispute Legal Solution
- Transfer of Property to Legal Heir after Death
- How to Resolve Land Dispute
- How to sell property in pagdi system
- Grandson's Right in Grandfather's Property
- Hakka Sod Patra in Maharashtra
- How to get succession certificate
- Property Document Verification in Bangalore
- Ancestral Property Partition and Family Rights