Succession

Padmaja (Querist) 05 April 2014 This query is : Resolved
Hi

I have a query on Successsion.

I got a case in which My client's In-laws family has the following members

1. Both In -laws expired
2. My client (widow ) with 2 daughters
2. Second son and his wife with 2 daughters
3. Third son's widow with no kids

The father-in-law left 2 properties without writing any will.

Would like to know from experts how I should go about securing my client share in the property.

Thanks
Padmaja

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Devajyoti Barman (Expert) 05 April 2014
File a suit for partition.

Anirudh (Expert) 05 April 2014
I take it that the in-laws of your client was not having any daughters.

In that case the property left behind by the in-laws will have to go equally to the first class heirs:

The first class heirs relevant for the purpose of your query are:
1. son
2. son of a pre-deceased son, daughter of a pre-deceased son, widow of a pre-deceased son.

The property is to be first divided equally between the three families of the three sons. That means, the your client's family will get 1/3rd share (that has to be equally shared between your client, and her two daughters i.e. each one will get 1/9th).

The second son will get 1/3rd.

The widow of the third son will get 1/3rd share for herself.

Hope this answers your query.

ajay sethi (Expert) 05 April 2014
agree with MR anirudh

Dr J C Vashista (Expert) 06 April 2014
I agree with expert opinion of Mr. Anirudh, very well explained and advised, I appreciate.

Rajendra K Goyal (Expert) 06 April 2014
Agree with the expert Anirudh ji.

Guest (Expert) 06 April 2014
Well advised.

T. Kalaiselvan, Advocate (Expert) 06 April 2014
The entire property will be divided into three shares and one such share can be allotted to your client and her two daughters jointly, you may proceed with a partition suit accordingly.

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