share in property
ashwin
(Querist) 25 October 2010
This query is : Resolved
dear sir/madam,
my father in law inherited a property (house) from his mother as his share in kerala. he has 2 daughters.now he says that he will not give the property 2 either of his daughters . can he do that ? are the children not entitled 2 a share?
Raj Kumar Makkad
(Expert) 25 October 2010
In the given matter, the property shall be duly inherited by legal heirs of your father-in-law and he cannot dispose off as per his whims and wishes contrary to the aforesaid provision.
Devajyoti Barman
(Expert) 25 October 2010
Yes his daughters have got equal share. If he tries to transfer the property then file a suit for declaration and injunction.
R.Ranganathan
(Expert) 25 October 2010
I am of a different opinion. I think that once the property has been inherited, partitioned between the parties concerned then it becomes the property of that person concerned and he will have all the rights of alienation. Only when nothing is done in the case of ancestral property, then the surviving legal heirs can get a share in the property. This is because of the law that the property cannot be tied down perpetually and has to be passed on to some person for enjoyment with all rights. The enjoyment and alienation rights of the property cannot be postponed perpetually. Mr. Rajkumar Makkad and Mr. Devajyoti Barman may correct me if I am wrong.
adv. rajeev ( rajoo )
(Expert) 25 October 2010
Daughters are entittle to equal share. File a suit for partition and seperate possession of their equal share.
s.subramanian
(Expert) 25 October 2010
The property got by the father-in-law from his mother is his self acquisition. Children cannot claim any right in it during the life time of the father-in-law. I agree with Mr.Shashi
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 October 2010
