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junklaws   22 June 2015

Ancestoral property

Hi

We are Syrian Chritian family from Kerala; I will try to describe the situation below as much clear as possible here. Then the problem. 

  1. My Father-in-Law has two daughters;
  2. Eldest daughter is my wife with whom I have a son.
  3. Younger daughter has been recently married and is pregnant
  4. My Mother-in-law has passed away(2013) just before the youngest daughters'  marriage. 

Now we are enquiring this due to the fact that my Father in Law is goign to marry second time, the alliance with whom we do not like (we are though ok if he is second marrying to someone everyone is ok with). 

Property A: Self acquired property was sold without anyone's consent. We know he can do whatever he likes, but should not he consider the fact his wife had shared interest in the property since it was aquired after their marriage? ==> How to deal with this?

PropertyB: Ancestoral Property to Father in Law. Father in Law says he will do whatever he like with it and anyone will come to know if they get share after his death. Also he plans to write some good portion for the upcoming second wife. ==> I see this is not right. In my opinion he should consider the equal share for his daughters. When can the daughters officially ask the rights on the property? Wait till his will and death?

 

PropertyC: Ancestory Property to Mother in Law: Mother in Law just before the death gave full rights to my Father in Law ( I am not sure if that is legally possible). And he is telling he will keep his share till his death. ==> I do not understand if that too is legal.

 

So if someone out there please clarify?

 

Thank You....

 



Learning

 4 Replies

chandrakant (Advocate)     22 June 2015

If your Father-in-Law has own purchased property then you have no legal right before death but if any property got through grand father in law then your wife can  claim the share not you  

K.Manivannan   24 June 2015

Property A. If it is self acquired property it can be sold as per his wish. Property B. U said it is ancestral. Pls mention he is the only legal heir, or got it by partition. Property C. How the rights were transferred to your father in law. What was the documentation ? Pls mention

junklaws   26 June 2015

Both Ancestoral prpoeprties are transfered through the partition deeds and will

junklaws   26 June 2015

@chandrakant: I understand; but he question when can be a claim made on the ancestoral property by my wife. Only after the death or only by will. 


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