MJ (Dealer) 06 July 2011

Daughter's Right in Willed Property

Hi,

My husband's grandfather built his home in our town in 1934.....he willed his property to his 5 sons leaving nothing to his 2 daughters and died in 1975.....my father-in-law has willed his 1/5th share in my husband's name....my husband has 3 elder married sisters......my father-in-law has not given his daughters any share in the property.....my father-in-law is still alive..... now v have disposed off this property to a builder......v would be moving into the constructed appartment in 2 yrs time.....one of my husband's sister is demanding her share in the said property.....does she have the right to demand such share.....will this property be our whole sole property after my father-in-law's death or do we need to take some more legal steps to ensure that no one can claim right after his demise.....we are a Hindu family.....

Thanks

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5 Replies

Rohan Khandekar, MBA,CCA (Sr. Executive Human Resources) 06 July 2011

Hello MJ

As your husband's grandpa has willed his property to his 5 sons, means your father in law now is treated as owner of his share(property). As he is the owner he has full right to give his property to (fully or % wise)to any one of his son or daughters or he can divide it equally also. He can transfer his property or can give any share as per his wish. Here his father hasn't willed all the property on your husband's name (only 1/5 of share) and hence your sister in law can claim her share on remaining property.

Bharatkumar (ADVOCATE ) 06 July 2011

Each brother share 1/5 share? clear plase?

MJ (Dealer) 08 July 2011

i am sorry if my query is somewhat confusing......my grand father-in-law had a plot admeasuring area of 10000 sq.ft....... each of his five sons (my father-in-law and his 4 brothers) have got 1/5 th share from it i.e. 2000 sq.ft each......my father-in-law has willed his share of 2000 sq.ft. to my husband.....but my sis-in-law is asking for her share from those 2000 sq.ft.......i hope this would make the query somewhat less confusing.......

Rohan Khandekar, MBA,CCA (Sr. Executive Human Resources) 08 July 2011

Dear MJ

Your sister in law can not claim for the same as your father in law's father has willed 1/5th of share to your father in law, now its (1/5 share) is your father in law's own property. He can give it to any one, he can give it(fully owened property) to his son or he can give it to his daughter, it totally depends upon his wish.

Here the property is of your father in law's own property(as his father has willed it 1/5th share to him) and he has willed it to your husband, no one can claim aginst it.

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Devesh A. Bhatia (Advocate) 15 July 2011

Dear MJ,

Please keep in mind that your husband's sisters can ask for their share anytime from your father in law and it would be your FIL's discretion whether to give it or not.

If your father in law passes away with the same will intact then your SIL's will not be able to claim anything. If your father in law dies without a valid will then all your SIL's can claim their shares. If your FIL changes his will then the apportionment will be done according to the will.

What you can do is take good care of your FIL so he sticks to the decision of giving property to your husband.

Remember he can change his will at any time and once a new will is in place, older one has no value.