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Aveek Nath (Manager in Finance)     28 June 2010

Intestate death & property share

Mr FIL, who is 64 years, has two children, one son S, married with 2 kids, and one daughter D (my wife), married with one child.  Both children are well off financially.

Son, S dies in 2009 (with no will)

Mr FIL dies in 2010, again no will.

FIL has land (~30 acres) in his name, which he received when he and his brothers negotiated a property settlement amongst themselves (their father's property). The land was in a court case for 20+years, and has been confirmed to be FILs recently.

Now, son S's wife is claiming a share in the land. As far as I know, the land should be split equally between FIL's widow, daughter and son - since son is predeceased, his share (33%) will be equally divided between S's widow and two kids.

However, the son's widow is claiming 20% for herself, plus 2x20% for her kids (in total 60%). Is this valid? If possible she wants to deny any claim for daugther D and bully mother-in-law and get 100% of the land in her name.

We are not interested in the property but want to secure the rights of mother-in-law.

Is the claim by the daughter-in-law valid?


 6 Replies

Aveek Nath (Manager in Finance)     28 June 2010

Obviously it is a Hindu family, sorry, forgot to mention that.

m.kupparaju (Advocate)     28 June 2010

Dear Abhijeet,

If this case is from Hindu family, as per Hindu Succession Act 1956, if a male Hindu died intestate, I Degree legal heirs of the deceased intestate will get equal share in the property of the deceased. Here daughter-in-law is entitled to only 33% share of her father-in-law who died intestate and that to  because of his predeceased son (that is her husband). Claiming 60% share in the property of the intestate that is her father-in-law is absolutely in valid. All the I Degree legal heirs are entitled to get equal share.

1 Like

anitha (house wife)     29 June 2010

Sir i m anitha. My father is expired and i m the only child to my parents.My husbands name is K.ramakrishna. He married me by Hindu act on 3-12-1999. My mother-in-law and father-in-law has 7 children. Two Sons and 5 Daughters. My husband is the younger among them all. 4 daughters are elder, then my brother in law and then a sister-in-law and then my hub. My mother-in-law is the only one child to her parents. SHE DO NOT HAVE ANY BROTHERS AND SISTERS. My mother in laws mother was an Govt. Employee. She adopted my brother in law as her son so that she can give her job to him and did so before her death.She also gave her 400 sq yards house as a gift deed to her daughter and son in law( that is200 sq yard to  my mother in law and 200 sq yard to father in law). Now she is no more.And  My brother in law is an Govt employee getting good income. All of the sister in law have got married before my marriage.Here all of them are well settled but my husband has no good education nor income. My brother in law is very clever regarding the property issues and used to take many benefits from my in laws. Where as my in laws also supportes him and his wife all the time. And i has to bear all  the works problems like a servant. All this happend because my husband has no value for him at home. In 2001 they my Brother in law and sister in laws gathered together along with their parents faught with me spoke rude language against me in the absence of my husband and as soon as he came they said that further they are not going to bear me my hub and my daughter any more as our income source is low. Then we were staying in the same house but cooking was separate. But i have to do the whole work of them also. I beared many problems staying in the same house. My mother in law used to collect the rents and  maitain the tenants. And my brother in law used to stay along with my in laws with his wife and children and used to enjoy the rents along with her mother.My  Father in law is also a Govt servant and used to maintain all the house hold needs with his salary. When my husband asked them to give one portion rent for us family needs they refused and started saying that there are meny dues that they have to pay so they cant. Then i started going for job leaving my kids at my mothers house daily and picking them up.All of my sister in laws used to stay months and months along with their family, always parties in our house for them and buying gold and saries for them and my co sister too buut not a single pie for me. Like this happend till 2005. Now my Brother in law started planning to give the property to the builder for more luxurious life. He succeeded in his plan to convince his parents. Here my hub did not agree for this because he said that when he was in need they did not help him.But my brother in law has even convinced my hub in the absence of me and shewed him many dreams about the feature. At last Builder constructed 4 floor building. My brother was linked with builder and took some money as commission with his parents introducing 4 people as mediaters. The good will amount was been divided and gave to sister in laws .Even my brother in law alos took money with his mother in the absence of my hub. But I saw it. Then my hub asked his mother to give him some money to settle either in bussiness or personal requirement. They gave 50,000 Rs after a long struggle in front of 4 people. She took the same money back again with my hub in my absence telling him some stories so that he shud not refuse. At last they gave us 2 double bedroom flats and 1 3ble bedroom flat for us as our share and the same to my brother in law. All the properties are still on my in laws name. Now my in laws have decided to sell one flat from each of them to pay 1 lakh each sister in law as share and we did so.Now all of my sister in laws have received total 1 lakh each from both brothers. Now we are just surviving with my beauty parlour work and rents. But the rents here are very less , Children are growing and income source is very less. My brother in law has taken many benefits from the builder for interior works etc. Builder has stooped doing interior works what he has promised to do to my hub flat and diverted all the benifits with extra works to my Brdtr in law flats. Finally my hub fought with builder and has locked pent house that is Builders share to occupy that flat for the loss what he has done to us. Then my father and mother in laws enterd in the picture and asked my hub to give the keys to them so that they can survive with trhe rents as they have to buy medicines for them. And my hub has agreed for this and gave innocently. Then my brdthr in law ctarted enjoying with that rent too with the support of my in laws. After some time he was affected with Moto neuro dosease and suffered for 1 1/2 year and died in 2008 november 15. Now my sister in laws kept quite for 1 year and started creating problem for us with the support of my in laws n want us to go away from that place n suggesting my in laws not to write his will on our name till he is alive.


Sir i need ur help please suggest me what to do. I have suffered a lot from them at last they r not even allowing us to enjoy my in laws property. I have 2 children and i do not have much source to live.


Please clarify these questions of mine


1)  Is there no law for me to fight against the property


2)  If we could be able to write the will with my Father in law on my sons name does it have value?


3) If yes what should be wriiten in the will so that he cannot break it again and how should it be    

    written and where it should be written?


4) Cant i drop a case against them for what i have faced and still  facing? Do i have a freedom to live in my inlaws house r not?



Aveek Nath (Manager in Finance)     29 June 2010

So in this case, the distribution is as follows:

pre-deceased son's kid1 =1 share

pre-deceased son's kid2 =1 share

pre-deceased son's wife =1 share

FIL's wife =1 share

FIL's daughter = 1share

So my MIL gets just 20% of her husband's property? We would have liked her to keep 100% of the property! (She has income from own employment)

R.Ramachandran (Advocate)     29 June 2010

Dear Mr. Abhijeet, you don't seem to have understood what Mr. Kupparaju, Advocate clearly stated. 

However, you have wrongly assumed that since there  are 5 persons viz., father's widow, daughter-in-law, her two kids and daughter, the property has to be shared at 1/5th (20%) each. 

This is not the position.

The correct position has been explained by Mr. Kupparaju, Advocate.  According to which, the property in question would go to the First Class heirs of the deceased father.  The first class heirs in this case are Father's widow, daughter-in-law (being pre-deceased son's share) and the daughter.  Thus each one would get 1/3rd share. 

From out of the 1/3rd share the daughter-in-law gets, all the three daughter-in-law and her two kids would get 1/3rd share each.

1 Like

Aveek Nath (Manager in Finance)     30 June 2010

Dear Mr. Kuppuraj and Ramachandran,

Many thanks for the clarifications. Really appreciate your service in this forum.

Yes, now I understand your point. We were confused, since the Daughter-in-law was hammering on her point of getting 60% etc etc. I am hoping we can settle the matter amicably without legal wrangles etc. which only adds to the pain of a person's death.



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