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Legal rights of children to claim share of deceased father's property


11-Jan-2023 (In Property Law)
Hi i have been living seperately from my husband from last 7 years , all expenses are done by my paerents for my 2 kids , my husband expired last year , as we were not divorced ( neither of us applied for it ) , all rituals were done by myson , now there is property issue as my only sisterin law ( alive ) in my inlaws family is saying that i and my children dnt have right on any thing , case is going on in Saket court , my inlaws home and one shop is with my sister in l,aw , and other where my husband sits is with me , still she threatns me and my kids every second day , kindly advise what can be done so my children shuld get their right ( having son and daughter )
Answers (1)

Answer #1
802 votes
Respected mam,

-Firstly the property papers have to be looked into that in whose name is the property and according to the sale deed who is the owner.
-Secondly if your sister in law is sitting over the property without any right or title over it, then she is a trespasser and can be thrown out easily by court by filing a criminal case.
-Then a suit for declaration is to be filed by you for declaring the title of the property, permanent injunction to dispossessed your sister-in law having no right over the property.
-If there is a will , then a case pf probate to enforce the will is to be filed.
-This case can be dealt in a fast-track way and be solved within 6 months, let me know if o can be of any further help.
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