Right of members of family in property sharin
sridhar bulusu
(Querist) 12 May 2012
This query is : Resolved
my father in law is no more.
he born with three sisters and four brothers.
except my mother in law no one is alive. But his sisters family and brothers family are still surviving.
all his sisters got married before 1950.
There is a move to sell the ancestor property now.
1.Whether the sisters family has right in the property? If so to what extent?
2.What is the share of my mother in law who is only surviving widow?
3.whether my wife is eligible to claim right in my father in law's share? If so to what extent.
4.one of my father in law's brothers family (sons) not willing to give equal share to their elder sister and younger sister. But this problem never arise in all other three brothers family.Are they correct in refusing to give equal share to their own sisters?
ajay sethi
(Expert) 12 May 2012
please clarify on what basis you have stated it is ancestral property . merely because property belonged to father and he is survived by 8 children would not make it ancestral . if father had acquired property from his own dunds it would be father self acquired property .
in ancestral property sister and brothers have equal share . yyour mother in law will be netitled to share of her husband ie your father in law . in repect of ancestral property there will be 8 shares . 3 sisters and 5 brothers .
sridhar bulusu
(Querist) 12 May 2012
the property belongs to forefather of my father in law
Adv.R.P.Chugh
(Expert) 12 May 2012
Dear Mr.Sridhar,
1.Whether the sisters family has right in the property? If so to what extent?
Yes if the property was ancestral - sister's share (equal to brothers) would go to her legal heirs.
2.What is the share of my mother in law who is only surviving widow?
Your mother in law and her children (your wife and her siblings) would get equally.
3.whether my wife is eligible to claim right in my father in law's share? If so to what extent.
As I said she is equally entitled and can get her share culled out through partition.
4.one of my father in law's brothers family (sons) not willing to give equal share to their elder sister and younger sister. But this problem never arise in all other three brothers family.Are they correct in refusing to give equal share to their own sisters?
Legally they cannot.
Feel free to talk !
Shonee Kapoor
(Expert) 12 May 2012
I am in full agreement with Ld. Chugh.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
sridhar bulusu
(Querist) 15 May 2012
then what is the law section 6 na d 23 1956. pl clarify
