sudha 13 June 2015
Dear sir/ madam
i am from Chennai, India, my wife & her sister both are twins there father has expired they have 03 brothers they have widow mom only due to some these days there 02 brothers are creating problems to the sisters not to take the property they have the rite to live and chase them off. as of the property act is there any way like this female are not eligable to get there rite on share of there fathers house. kindly advice regarding the solution of this issue.
saravanan s (legal advisor) 13 June 2015
if the father had died intestate then in that case the mother, wife and children everyone get equal share as they are class 1 heirs of the deceased.in that case her brothers and even her mother cant refuse to give share in both the fathers self aquired as well as ancestral property.your wife can file a partition suit to claim her share
if her father had written a will only on the name of his sons then your wife cant lay any claim on it.this can be done only on his self aquired property.as far as ancestral property is concerned he can will only his share in the ancestral property and not your wifes share
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