Family law

baburao vitthal lohakpure (Querist) 28 December 2011 This query is : Resolved
I MARRIED ON 27/03/1976 AS PER HINDU MARRIAGE ACT AT MUMBAI. MY WIFE DIED ON 24/02/1995. I HAVE TWO SONS,PRESENT AGE 30 AND 27 RESPECTIVELY.
I HAVE ONE SISTERINLAW AND ONE BROTHERINLAW.MY FATHERINLAW DIED IN 2009. BEFORE DYING HE DISTRIBUTED HIS OWN EARNED PROPERTY TO MY SISTERINLAW AND BROTHERINLAW.
CAN MY SON CLAIM THE SHARE IN MY FATHERINLAWS PROPERTY.
IF SO WHETHER MY SONS CAN SUE MY BROTHERINLAW AND SISTERINLAW IN THE CIVIL COURT TO GET THE SHARE FROM THE PROPERTIES THEY RECEIVED FROM MY FATHERINLAW BABURAO LOHAKPURE PUNE MAHARASHTRA 09158004855

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R.Ramachandran (Expert) 28 December 2011
Dear Mr. Baburao,
Since the property in question was your father-in-law's self-earned property, he has every right to do whatever that he wants to do with it. If in his wisdom and wish he had distributed the same only amongst his son and daughter, without giving anything to your children (i.e. the children of his pre-deceased daughter), he is well within his legal rights. Your sons do not have any right whatsoever and therefore they cannot have any right to claim any share in the same property. Even by approaching any court of law, your sons will not be able succeed.

Devajyoti Barman (Expert) 28 December 2011
Yes.Moreover since your wife has predeceased her father the inheritance would not have opened to her sons and duaghter even if the father in law would have dies intestate.

Deepak Nair (Expert) 28 December 2011
Agree with Mr. Ramachandran. Your sons cannot claim since the property is self earned.

prabhakar singh (Expert) 28 December 2011
Mr. Ramachandran has rightly opined.

R.Ramachandran (Expert) 28 December 2011
Dear Mr. Barman,
I beg to differ from your views.
In case the father-in-law had died intestate, then the children of his pre-deceased daughter would be entitled to inheritance, being the Class-I heirs of the deceased father-in-law of the querist.

Sudhir Kumar, Advocate (Expert) 28 December 2011
You yourself say that it was his self - acquired property. He distributed his property to other children it self indicates that you had no cordial terms. Why create further ill will such litigation lead to nothing but generation old animosity. You can crate property but not relatives. Moreover you have a weak case and many people will advise you to make false allegations to make your case strong.