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18-Jul-2023 (In Property Law)
My husband died last year october, he bought two separate flats in his own savings only by way of loan. After his death, i am occupied one apartment and my mother-in-law occupied one apartment. My father-in-law died earlier. his having property. And my mother-in-law refused to give the share of FIL's property to me. She is having 2 sons and 1 daughter except my husband. Before my husband's death, we requested the share of the property. but she refused to give. FIL not written any will. I have asked her to give my husband's share from his father's property but she is not. and after my
Madam, you please clarify, the disputes is with regard to properties stands your husband name or your FIL name. in case, properties are stands in your FIL name and he died without the existence of will, then as per the Hindu law, you are entitled for the share for your sons and daughters.
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Adv. N Sudalai Muthu
Madurai | 100+ Answers
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Your husband is entitled to a share in your father in law's property who died intestate.
Like your mother in law and her other children, your husband is also one among the legal heirs of his deceased father.
Upon your husband's death, his share in that property shall again devolve on his own legal heir consisting his wife, children and his mother.
The same thing applies to his own properties whih he left behind upon his own intestate death.
Though your mother in law is also entitled to an equal share in your husband's self acquired property, you are also entitled to a share out of your deceased husband's share from his father's intestate property, your mother in law has no right to deny this share to you.
You consult a local experienced lawyer, issue a legal notice seeking partition and possessio of your share and that of your children too.
If there is no response or they refuse to cooperate you may file a partition suit against your mother in law and other legal heirs of your deceased father in law seeking your share out of your husband's share in the property left behind by your deceased father in law.
Like your mother in law and her other children, your husband is also one among the legal heirs of his deceased father.
Upon your husband's death, his share in that property shall again devolve on his own legal heir consisting his wife, children and his mother.
The same thing applies to his own properties whih he left behind upon his own intestate death.
Though your mother in law is also entitled to an equal share in your husband's self acquired property, you are also entitled to a share out of your deceased husband's share from his father's intestate property, your mother in law has no right to deny this share to you.
You consult a local experienced lawyer, issue a legal notice seeking partition and possessio of your share and that of your children too.
If there is no response or they refuse to cooperate you may file a partition suit against your mother in law and other legal heirs of your deceased father in law seeking your share out of your husband's share in the property left behind by your deceased father in law.
Helpful?
53+
53+
Adv. T Kalaiselvan
Vellore | 400+ Answers
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