property share for girl child
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
HI,
My wife and her 3 brothers & her mother are legal heirs for the house left by my father in law. at the time of marriage father-in-law gifted piece of land.now the dispute raise by my brother in laws and they wanted to get ride of my wife without giving anything, they started giving emotioal torchers, and started saying she already got settled by means of the gifted land and the amount spend by father-in-law.my wife affrid of her brothers because I am working in other city away from my wife. how to handle this situation, please suggest.
adv. rajeev ( rajoo )
(Expert) 10 May 2011
to whom it was gifted. If there is no partition or any will by FIL then it is better to file partition suit by your wife. If it is an ancestral property of your FIL then also she will get share.
R.Ramachandran
(Expert) 10 May 2011
Even if your father in law had gifted some piece of land to your wife, that was his individual personal decision during his life time. He had every right to gift it. Therefore no body can question the same now.
Similarly, just because some piece of land was gifted by your FIL to your wife, does not mean that your wife is not entitled to her rightful share in the property left behind by your FIL.
There are two situations: The property left behind by your FIL may be either 'ancestral property' or his 'self-earned property'.
If it is ancestral property, then one needs to know the year of death of your FIL as also the year of marriage of your wife, and the place where the property is situated, before one can give an appropriate answer to your query.
In case it is a self-acquired property of your FIL, then all the legal heirs i.e. your MIL, brother-in-law(s) and sister-in-law(s) and your wife have equal right in the property left behind by your FIL.
You have to file a suit for partition to get your wife's share.
Querist :
Anonymous
(Querist) 10 May 2011
the property left behind my FIL is a self earned property by my FIL & situated in chennai. I got married on 2001 & my FIL died on 2011. the piece of land my father in law gifted was not in his name. it was directly registered in my & my wifes name. and I spend money to get it registered.
R.Ramachandran
(Expert) 10 May 2011
As already indicated by me, since it is a self-acquired property of your FIL, then all the legal heirs i.e. your MIL, brother-in-law(s) and sister-in-law(s) and your wife have equal right in the property left behind by your FIL.
You have to file a suit for partition to get your wife's share.
M/s. Y-not legal services
(Expert) 11 May 2011
