Is my wife eligible for her fathers share.
anil
(Querist) 12 April 2012
This query is : Resolved
We are a Christian family from Kerala. My wife has an elder sister(married). My wife's father(deceased) is having an elder brother(deceased) succeeded by 3 children(cousins). The title of documents (23 cents) is in the name of my wife's grandfather(deceased). There is no WILL or any sort of documents for the undivided land stating her father's share. Her aunt ( fathers Elder brother's wife) is alive.
Is my wife/her elder sister eligible for her fathers share. If so what has to be done to get the share? Can we sell the property?
anil
(Querist) 12 April 2012
Is my wife/her elder sister eligible for her fathers share
ajay sethi
(Expert) 12 April 2012
the land standing in name of granfather would be inherited by his legal heirs namely your wifes father and her uncle .
since her father is dead his share would devolve on his 2 daughters . her late uncle share would devolve on his wife and her children
Where an intestate has left a widow and if he has left lineal descendants, that is, children and children's children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants
anil
(Querist) 12 April 2012
Thank you very much and appreciate Mr. Ajay Sethi for a quick response. Would you please answer - -" If so what has to be done to get the share? Can we sell the property? "
M/s. Y-not legal services
(Expert) 12 April 2012
now you cant sale the property..
just issue a legal notice for partition., if there is no reply mean file a suit for partition., after get your share then you can sale your share..
-tom-
Sankaranarayanan
(Expert) 12 April 2012
yes your wife have legally right to get her share
anil
(Querist) 12 April 2012
Kudos to all.... The scenario is that my wife, elder sister and all cousins are in cordial relationship and are together willing to sale the property for the sake of one of the cousin's financial need.
We would like to know what are the procedures to make the documents clear and sell it. Please note that the land is undivided(not partitioned) and village land tax is not paid for almost 20 years(upon inquiry came to know from the village office that there are lot of procedures to accept the land tax).
