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Vije   28 September 2019

share in inheritence property

wife of an absconded husband (absconded more than 7yrs and still no trace found of him) can claim in inherited property of her Father In law


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 7 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     29 September 2019

Yes, can claim.

Real Soul.... (LEGAL)     29 September 2019

ofcourse che has the right in the property of absconded persosn as his wife.

G.L.N. Prasad (Retired employee.)     29 September 2019

But there is a procedure of not traced from Police on a complaint filed and it is always proper to get a declaration to that effect.  Because FIL has inherited you can claim a legitimate share as legal heir of his son only after such proclamation order.

Shashi Dhara   29 September 2019

It must be ancestral property and she must prove it and not remarried.

P. Venu (Advocate)     29 September 2019

Is the father-in-law still alive? How has he inheited the property?

Sri Vijayan.A (Legal Consultant)     29 September 2019

If any person is missing and his/ her whereabout is unknown for a minimum of 7 years, it can be declared that he/ she attained civil death. His propertycan be inherited by his legal heirs.

Coming to the present question, if the missed person inherited his ancestral property, his wife and children can claim their share in the property.

If his father of missing person has self acquired property and he is alive, the heirs of missing person cannot claim anything from the father.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 October 2019

A daughter-in-law is not a successor to the property of her father-in-law. She is not even a class II heir unlike her children.  But she is a class- i heir  to the property of her husband.  If her father-in-law dies first her husband as class-I heir will have a share. If her husband dies later she can inherit part of the property inherited earlier by her husband as son. If the son dies first and then his father it is doubtful that wife can get s share in the property of her father-in-law. Here it is a question of missing without a fixed date as in the case of death. Hence it is difficult to decide even if her father-in-law is already dead.


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