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Procedure to divide father in laws property
12-Sep-2023 (In Property Law)
I lost my husband who was just 28 years old. Me and my husband were staying separate from in laws. However, while applying for third party insurance claim, my lawyer has applied the same in name of me, my mother-in-law and father-in-law. I've read that father of deceased person is class 2 legal heir and can be taken into consideration only when class 1 legal heir is not there. So my doubt is why the claim should not be settled 50-50% between me and mother-in-law rather than getting 1/3rd share.
if you want to settle down your claim 50-50 then you can file compromise deed before the court if it is not decided for the same your father in law have to forfeit his share in your favor then and then you can get 50-50
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Adv. Pritam Arun Madukar
Aurangabad, Maharashtra | 25+ Answers
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the persons who are dependent on deceased can get benefit of the deceased insurance. it depends whether your father-in-law has no income source and he is fully depend on his son then in that case he get share .
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Adv. Meena Chaudhari
Navi Mumbai | 100+ Answers
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As per your query
Firstly as per section 166 clause (c) of Motor vehicles Act clearly provides as under:-
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased;
accordingly the claim has to filed by all the legal representatives.
Secondly, Father of the deceased is a class II legal heir as mentioned in the Hindu Succession Act for the property owned by the deceased and the present claim is not the property of the deceased husband.
Hence legally, your idea of sharing 50-50 would not work here in the claim. Father of the deceased also has the right to claim his share.
Firstly as per section 166 clause (c) of Motor vehicles Act clearly provides as under:-
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased;
accordingly the claim has to filed by all the legal representatives.
Secondly, Father of the deceased is a class II legal heir as mentioned in the Hindu Succession Act for the property owned by the deceased and the present claim is not the property of the deceased husband.
Hence legally, your idea of sharing 50-50 would not work here in the claim. Father of the deceased also has the right to claim his share.
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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