Legal heir to ancestral property
Querist :
Anonymous
(Querist) 13 June 2011
This query is : Resolved
My wife's great grand father (1st generation)purchased a plot of land. This was transferred to 3 sons (A,B,C)equally (2nd generation). Of this 1/3rd property belonging to "B", it was to be divided equally to 7 children (4 brothers : a,b,c,d & 3 sisters : f,g,h)the 3rd generation. Now one brother (b)& 2 sisters (f,g) have expired without any division of the 1/3rd property of "B". Now,the property is being distributed. Now husband of sister "g" (my father-in-law)has staked a claim by inserting his name in the 7-12 of the 1/3rd land along with that sisters'("g")two children (son & daughter). I am married to this daughter who is to recieve 50% of the 1/7th portion of 1/3rd land initially belonging to "B". Please clarify whether my father-in-law(husband of "g") can be a legal hier & rightful contender to the property which belonged initially to his wife's grand father. It is not known whether "g" : my mother-in-law has made a Will before her demise.
Querist :
Anonymous
(Querist) 13 June 2011
Please refer to query by Anonymous at 13 June 2011. The querry is unresolved. As an addiotional input, it is brought out that my wife is the fourth generation who has rights to the ancestral property belonging to her great grandfather on her mother's side. Her father has staked a claim to the said ancestral property which is the question being asked for legal advice.
R.Ramachandran
(Expert) 13 June 2011
The property which your mother-in-law would be getting in the partition would be treated as her personal property. Therefore, if she had not left any WILL, in terms of Section 16 of the HSA, 1956, the said property would go by way of inheritance amongst her son(s), daughter(s) and husband.
Ravikant Soni
(Expert) 13 June 2011
It seems the property is ancestral one and of Joint hindu family. if father of your mother in law had died before 9- 9- 2005 then she didn't get any share in that property because it would be succeeded by survivorship to the male heirs.
