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Prinka Bhatia   07 January 2016

Application for stay order

My question is regarding stay order. After my father in laws demise, his property was transferred to my mother in law by default. They have an Imitation Jewellery shop which is handled by my brother in law. My husband also used to be over there but my brother in law fought & removed him. Even we have our jewellery business wherein we do exhibitions but we are not allowed to get into the shop. My mother in law has also warned my husband that dare he enters her shop. But my question is - Isn't there a law wherein father's property has equal rights to all or it's the property's owner who can decide which son to keep & whom to discard. We r not asking for distribution of shop but just if even we can manage our business by getting a place in the shop. Or else both the brothers work together with equal share. Can we put a stay order on the shop in this case??


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 1 Replies

Subash M R (Advocate)     08 January 2016

If your father-in-law died intestate(without writing a Will),intestate property of your f-i-l has to be inherited by his legal heir.So,mother-in-law,both sons are considered as Class-1 heirs of the deceased,and therefore have equal share on the property irrespective of its nature,i.e.ancestarl or self acquired.

Thanking you,

.

 


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