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will i get share in my father in laws property after husbands death
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. my MIL 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. after my MIL's death my brother-inlaw having rights to stay in my husband's apartment? i can get my FIL property?
Hi,
This scenario will be applicable only to hindu male dying without a will. In the absence of any will by your father in law your demised husband must have obtained a equal share out of his father property along with his siblings and mother. so during the life time of your husband and on the demise of your father in law, your demised husband owns a undivided equal share in his father property and his self earned property together. Again on the demise of your husband the property devolves equally to his linear class 1 decedents i.e., in the absence of any child you will get 1/2 of your husband property and another 1/2 will go to your mother in law.
This scenario will be applicable only to hindu male dying without a will. In the absence of any will by your father in law your demised husband must have obtained a equal share out of his father property along with his siblings and mother. so during the life time of your husband and on the demise of your father in law, your demised husband owns a undivided equal share in his father property and his self earned property together. Again on the demise of your husband the property devolves equally to his linear class 1 decedents i.e., in the absence of any child you will get 1/2 of your husband property and another 1/2 will go to your mother in law.
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Adv. GP Vijay
Chennai | 200+ 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.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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