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Sunil Kumar (Finance Executive)     09 August 2011

Daughters right on the property

Dear Sir,

My father in law passed away recently and has 2 houses in his name. He has a wife, 1 son, and 4 daughters who are all married. Father in law has not left any will.

Pls let me know whether these daughters who are married, and staying separately are entitled for share in the houses or not.

 

Rgrds,

Sunil

 



Learning

 3 Replies

Sanjeev (Lawyer)     09 August 2011

In that case if he died Intestate and the property is the self aquaired property of your FIL then each of his legal heirs including wife/son and daughters have a equal share so in that case the share of your wife would be 1/6th but the property can only be divided amongst the legal heirs by mutual agreement as how can you determine and get your 1/6 share or else a partition suit in the court of law.

Yes no one in posession can dispose of the properties without the consent of the other legal heirs.

narinder_6in   17 August 2011

Sanjeev Sir - i have a query - In this case if the property is not self acquired of FIL and he also inherited it from his father who had purchased it - will the shares remain the same as advised by you.


(Guest)

sanjeev i m also having same query as narindar. in case of Ancesterial property what would be the situation


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