Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Anthony (others)     02 August 2013

Legal heir

My wife is a part of the family and is entitled to get a property share. The porperties (2 nos)  were brought by her father in the name of her mother  (Not - working). Her mother has 2 properties, one is under confusion and the other is parted among the other 3 children ( out of 6 children), the other 2 children are not interested (Seems so....). My wife was not given any share and she is upset about the same not knowing what to do or whom to approch in which direction. We are keen to know about the costing for the legal procedure as well.

 

Thks a lot,

 

Regd's,

Dev 

 

 

 

 

 

 

 



Learning

 5 Replies

NGOKC (pm)     02 August 2013

sorry this is not ancesral property .

case will bear no returns for u

ASHWIN.R.ANEPPANAVAR (Advocate)     02 August 2013

Mr. Anthony

 

There requires lots of facts to be collected to come to the coclusion.  U can call me on 9886612434.

Ashwin

Advocate

 

 

 

 

 

Kolla Gangadhar (Practicing Advocate since 1986)     10 August 2013

Your wife father had bought 2 properties in his wife name. Your wife Mother has got 2 properties in her  name. You consult Advocae under Benami Prohibition Act, Section 4 property purchased in the name of wife and unmarried Daighter these  legal points must be examined. Your question is not clear whether your wife mother is alive or not. Your wife mother is no more she died intestate then your wife will be entitled for 1/6 share in her mother properties. Hindu Succesion Act, to be exmined in this regard. 

Anthony (others)     11 August 2013

Your wife father had bought 2 properties in his wife name. Your wife Mother has got 2 properties in her  name. You consult Advocae under Benami Prohibition Act, Section 4 property purchased in the name of wife and unmarried Daighter these  legal points must be examined. Your question is not clear whether your wife mother is alive or not. Your wife mother is no more she died intestate then your wife will be entitled for 1/6 share in her mother properties. Hindu Succesion Act, to be exmined in this regard.

=============================================================================================================================

Sir,

    I would like clarify ...........

    My wife's father had brought 2 properties in the name of his wife (i.e my mother - in - law) and she is alive. We are Christians and so the Christian law of             partition would be applicable.......I think so.

    Any way, this is the situation!

    Thanking you for taking your time.

 

  Regds,

  Anthony. 

Advocate Vishnu (Advocate)     11 August 2013

Anthony,

Being christians , you will be guided by the Indian succession Act. From the facts of your case, since your mother in law is alive, she is legally the absolute owner of the 2 properties and she is legally free to disribute the property to whomsoever she wishes to. Your wife cannot legally seek a partition at this point of time. However if your mother in law dies intestate( without leaving behind a will ) , then your wife is entitled to 1/6th share in the property that your mother in law has not gifted or partitioned during her life time.


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