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Property Distribution and legal rights of family menbers
28-Apr-2023 (In Property Law)
We are Hindu family. My father in law and mother in law were living in house from more than 30 Years alone. My father in law (83 Yrs) expired in 2014 without making any will for the house property he own on his name.Total house property is in occupation of my mother in law (83 Yrs) where she is living. They are having following other members, (1) SON _ having wife, one son and one daughter. (all living in separate house ) (2) Daughter_1 __ Having Two son and two daughter. Living with Husband. (3) Daughter_2 __ Expired in 2016 and having one son age 24 Yrs. Leaving with his Father. Question : (1) How property distribution can take place. (2) Any member from above family can asked for property distribution. (3) Mother in law can make will for total property. (4) Can any body legally asked mother in law to distribute property. (5) Mother in law is having pension income.
Here we assume that the property is ancestral property. Hence, your mother in law as well as every son and daughter have equal right over that property.
1)As your father in law dies without making any will it is advisable, you file a probate case in court by your mother in law. This way you all would have definite idea who wants share and who wants to relinquish share.
2) After clarification of share through a probate suit you all can move for partition.
3) Mother in law can make will of her own share.
4) After clarification of share through a probate suit you all can move for partition.
5) Let her enjoy her pension income.
Note : the entire matter can be solved by mutual consent in a family meeting.
1)As your father in law dies without making any will it is advisable, you file a probate case in court by your mother in law. This way you all would have definite idea who wants share and who wants to relinquish share.
2) After clarification of share through a probate suit you all can move for partition.
3) Mother in law can make will of her own share.
4) After clarification of share through a probate suit you all can move for partition.
5) Let her enjoy her pension income.
Note : the entire matter can be solved by mutual consent in a family meeting.
Helpful?
Adv. Mukund Kumar
Rajkot | 100+ Answers
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