Christian widow residing in mother-in-law's property: can this be partitioned

Richard (Querist) 16 July 2014 This query is : Resolved
A Christian Widow resides in her Mother-in-Law's house with her 2 daughters.

Now her Husband's only Sister is seeking partition in this house

Mother-in-Law expired in 2000
Husband expired in 2013

The widow's only source of income is the rent from the portion of the house let out to tenants. Will this house be partitioned as per Christian Succession Act.

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T. Kalaiselvan, Advocate (Expert) 18 July 2014
Who was the owner of the house, whether her mother in law or the father in law, whether there was any Will bequeathing the property or intestate property? clarify the details for proper opinion.

Rudrawar Narayanreddy (Expert) 18 July 2014
being the daughter in law of the owner she is entitled for share with husbands sister entitling the half each if there are no other heirs. widow has no excusive right to enjoy legal to hold the land to her self.

Richard (Querist) 18 July 2014
Answering to Mr. T. Kalaiselvan - This is an Intestate property in the Name of the Mother-in-Law which the Widow is Staying with her two girl Children.

Way back 1987, the Widows Husband has relinquished his right for father's inherited job in Southern Railways to his sister. In turn the parents have told to give him the house property. But the property is intestate.

Now, the sister after enjoying her Father's Job, wants equal share of House property also. Can the Window prove with documentary evidence the job the sister has enjoyed. In this case how the partition would take place as per law.

Anand Bali Adv. (Expert) 18 July 2014
Dear Friend,
In this case the mother in law died without will and thus intestate, in absence of any family settlement or agreement duly signed by all the parties the share to the widow of the son will go through her dead husband and be equally divided further among her two daughters and herself. the rest half part will go to the sister without doubt.
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T. Kalaiselvan, Advocate (Expert) 18 July 2014
The question of widow's husband relinquishing his rights towards his father's job to his sister does not arise. It is a family internal arrangement. This arrangement will not dis-entitle the sister in law of the widow for a right to a legitimate claim of share in the intestate property. at least legally. She has got rights to a share in the intestate property left behind her mother as one of her legal heirs. Thus, she cannot be denied of her rights in the property towards her legitimate share, once again a family arrangement can be arrived at about sharing without the interference of court or allow it to be decided by a court of law.