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Vije   29 December 2023

claim of share in joint property

wife of elder brother (elder brother is absconding from 40 years) asking for part of share in ancestors property on behalf of her husband

can she claim of share on behalf of her husband

her husband absconding from more than 40 years

what if in future her husband came to claim his share in property

what documents to be collected from her in this regard

can 1 of co parcener get relinquishment deed in his favor from her for quid pro quo of cash settlement can other Co parceners may object in future

can she transfer her share to claim in this ancestor's property to her caretaker

kindly guide n help thanks in advance


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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     29 December 2023

Your brother is just missing and not declared as dead.

Therefore you brother's wife cannot claim any share in the property as a right until and unless she proves herself to be his widow. 

You cannot get any release deed from her even if you are willing to compensate her for her share in the absence of any proof for your brother's death. 

Do not take any risk, if you want to partition the property, then you can partition the property, leave away his share in the property just like that and you enjoy your rightful share in the property alone


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