Hari (test) 23 April 2015

Inheritance rights of self earned property

Hi Lawyers,

My Fatherinlaw has 2 daughters(including my wife).

He has a house(constructed in 80's and is self earned) in which he and his wife(mIL) lives. Because of some issues with my wife's sister with her husband she is living with y father in law from the past 1 year. Here are my questions:

If my FIL does not write a will how will the house be partiotioned if one of the parties(my wife or her sister or MIL) are not willing to sell the house?

I have a daughter and my wife's sister has a son is there any chance that they will become legal heirs rather than my wife,wife's sister and MIL.

Regards,

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3 Replies

Hardeep (Business) 23 April 2015

A partition may be done by " metes and bounds " that is, actual physical areas may be demarcated and a partition deed made accordingly.

Since the " first category " heirs - mil and sisters are alive, property can not devolve on their progeny. To make anyone else the heir a proper will is required to be drawn up.

saravanan s (legal advisor) 23 April 2015

if your fil doesnt write a will his property will devolve over his mother (if alive) his wife and daughters.

in that case if one of the legal heirs is not willing for a family settlement where everyone agrees forv a particular share in the deceased property you can file a partition suit in the court

I have a daughter and my wife's sister has a son is there any chance that they will become legal heirs rather than my wife,wife's sister and MIL.

no till the class I heirs are alive