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Son in law can claim father in laws property when his wife expired?
08-Aug-2023 (In Property Law)
We have a landed property in my father's name. My parents died.. we are 8 brothers and sisters.. one sister died. We 7 brothers and sisters and my niece (deceased sisters daughter) are now legal heir. We made my niece as a co owner of the landed property.. Now nieces father (son in law) is also claiming as a co-owner of the said property. My question is that his claim is right ? We now want to develop the landed property. I want to know is it necessary to obtain his consent or signatures at the time of execution of development agreement with the promoter? Pl. Advise the way out of the problem so that we can make the deal with the promoter peacefully..
If you wish to take the opinion professionally then can contact. It is necessary to obtain the Legal Heir Certificate where names of all the legal heirs and heiresses are to be mentioned through Declaration. At the time of giving opinion,it is necessary for a Legal practitioner to scrutinize all the relevant facts because in property matter documents speak.
Helpful?
Adv. Sinjari Bandyopadhyaya Banerjee
Kolkata | 700+ Answers
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Section, 8 of the Hindu Succession Act, states that The property of a male Hindu dying intestate shall devolve
according to the provisions of this Chapter: —
(a) firstly, upon the heirs, being the relatives specified in
class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the
heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if them is no heir of any of the two classes,
then upon the agnates of the deceased; and
(fi) lastly, if there is no agnate, then upon the cognates of
the deceased.
Heirs in Class I
Son; daughter; widow; mother; son of a predeceased son;
daughter of a predeceased son; son of a predeceased daughter;
daughter of a predeceased daughter; widow of a predeceased son;
son of a predeceased son of a predeceased son; daughter of a
predeceased son of a predeceased son; widow of a predeceased son of
a predeceased son.
But without detail discussion proper consult is not possible.
Helpful?
Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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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 Divorce Lawyers at lawrato.com to address the specific facts and details.
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