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sridhar (ex sales manager)     19 December 2010

LEGAL HEIRS

MY M.IN LAW "S BROTHER DIED SOMEYEARS BACK AND HIS WIFE IS ALIVE AND ENJOYING THE OUTCOME OF THE PROPERTIES LEFTBEHIND.NO ISSUES.MY QUARY IS WHO ARE ALL THE LEGAL HEIRS OF THE DECEASED AND WILL MY M .IN LAW CAN CLAIM ANY FINANCIAL BENEFITS LEGALLYNOW.THERE IS NO WILL MADE BY MY M IN.LAYS BROTHER.PLEASE ADVICE



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 9 Replies

G. ARAVINTHAN (Legal Consultant / Solicitor)     19 December 2010

In so for as a Male is concerned, his wife, children and parents are heirs and only in the absence of the above relatives, siblings i mean brothers and sister comes in to picture.

In your case, his wife is still alive and in absence of any will, the property devolves on the widow alone as she can be his only heir.

Adv Archana Deshmukh (Practicing Advocate)     19 December 2010

If m.in law = mother in law then, the class I heirs of your mother in law's brother is his wife, his mother and his  children. Your mother in law cannot claim any financial benefit from his property as his wife, the class I heir is alive.


(Guest)

 already replied. 

adv. rajeev ( rajoo ) (practicing advocate)     19 December 2010

His wife and his MIL are the legal heirs ..MIL can claim the share in the deceased property.

sujathadubbak (retired professor)     21 December 2010

i am a hindu widow - property  instate belonging to my deceased husband  is to be shared  four legal heirs  iam a 70yr old  my daughter is married &my sons too are they stay  idependently  were as iam residing in family,s house   i am pentioner under govt service the issue is that my son threatens me to vacate the house , partion the house , i have no means but to continue staying in premises am  i allowed to do so please ,advice

sujathadubbak (retired professor)     22 December 2010

i am  a hindu widow -the property instatebelong to deceased huband , we are four legal heirs , my married daughter- two married sons  who stay away seperately. i am staying in my family,s house which i lived in and my children grew up . i am pentioner worked for govt ,the issue  now is that my sons threaten me to partitionhose  house vacate it  i am  a 70yr old,i have no means but to continuestaying inthe same premises- am allowed to do so , please advice
 

sujathadubbak (retired professor)     29 December 2010

Originally posted by :sujathadubbak
"
i am  a hindu widow -the property instatebelong to deceased huband , we are four legal heirs , my married daughter- two married sons  who stay away seperately. i am staying in my family,s house which i lived in and my children grew up . i am pentioner worked for govt ,the issue  now is that my sons threaten me to partitionhose  house vacate it  i am  a 70yr old,i have no means but to continuestaying inthe same premises- am allowed to do so , please advice
 
"

A V Vishal (Advocate)     29 December 2010

Yes you have right to live in the house, further if your sons are harassing you, you can legally restrain them under the laws available for senior citizens.

raj kumar ji (LAW STUDENT )     30 December 2010

I AGREE WITH VISHAL SIR , SIR WE FILE A CASE OF DOMESTIC WOMEN VOILANCE CASE UNDER 125


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