Benki (software) 26 December 2009

equal share for daughters if fathere died before 2005

Hi, i am posting on behalf of my mother in law. Her father died in 2001 and Mother died in 2008. she got a sister and a brother. Father has 9 acre land which is his own earned property. There is no WILL made. Now they want to sell propery. What is the share she suppose to get?

She has been told by her brother that if father dies after 2005 then only equal division. So this case he will give a little amount towards it (about 10% of whole). Is it true that she can not get equal right on that?

Mohan

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 26 December 2009

It is not true. Your mother-in-law is a class I heir of her father and she is entitled to get equal share along with her brother and sister.

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V. VASUDEVAN (LEGAL COUNSEL) 26 December 2009

As Advocate Archana rightly said, your mother is entitled to equal share Please closely watch the developments as there could attempts to sell the property. If necessary, approach your lawyer get necessary protection for your mother's share of the property.

vasudevan

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Nali Seshu Kumar (SOCIAL WORKER) 26 December 2009

as per hindhu succession act 1955 your mother in law have 1/4 share of her fathers estate ,after his mothers death the same was 1/3 as class 1 legal heir.your mother in law has a right to claim 1/3 share in 9acres also entitled mesne properties.

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Benki (software) 26 December 2009

Hi Thank you all for clarification. If i require any more clarification will ask. Thank you.