Dear sir,

manohar (Querist) 28 January 2010 This query is : Resolved
My name is manohar and i would like to have some clarification on the fallowing.
My father-in-law has expired in 1995.He died intestate leaving behind his self earned agricultural property In Tamlnadu.MY wife has 3 brothers and 4 sisters,still the property is not divided.
Me and my wife got married in 1980
Her brothers are not interested in giving share to their sisters.
1.Is my wife entitled for share in the property?
2.If yes.How to proceed to get my wife's share and what is the court fees and other legal expenses involved?

Your's truly
MANOHAR
BANGALORE

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kranthi kiran (Expert) 28 January 2010
Yes your wife is entitled for 1/8 share in the property. Consult an advocate and get file a suit for partition. Court fee depends on the value of the property and nature of possession held at present ( i.e., joint or individual). Legal expenses depend on the advocate you choose.

samyak Satish (Expert) 28 January 2010
Pl. check with Legal Aid Services department in your city court. Litigation may take years to resolve your issue. Court Fee will not be much but the fees of advocate will be high. Pl. check whether this issue can be dealt by Lok Adalat? Pl. also ask senior family members or caste leaders in your society to intervene.

Vijyant Nigam (09807349001) (Expert) 28 January 2010
i agree with mr. kiran

Raj Kumar Makkad (Expert) 28 January 2010
I also go behind Kiran.

A V Vishal (Expert) 28 January 2010
Mr Manohar

The Hindu Succession amendment act of 2005 will not be applicable in your case since the said amendment was already effectuated by 5 states including Tamil Nadu in 1989. Hence Lawyers from Tamil Nadu can guide the cut off date prescribed in the amending act.

B K Raghavendra Rao (Expert) 29 January 2010

As per the amended Hindu Succession Act, your wife is entitled for equal share along with with your mother-in-law and sisters/brothers of your wife. You need to file a civil suit for partition. Court fee depends on the value of the property to be partitioned. Advocate fee - guess.

Adinath@Avinash Patil (Expert) 29 January 2010
THE HINDU SUCCESSION AMENDMENT ACT 2005 WILL NOT APPLICABLE IN YOUR CASE.YOUR WIFE WILL GET 1/64 SHARE IN THE PROPERTY.IT IS BETTER TO TAKE HELP OF LOCAL ADVOCATE.