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Ms Moses (homemaker)     26 June 2012

Query about property rights

Sir 

Ours is undivided christian family. My father in law has some property in his name and expired in 1985 without making any will. he had 3 sons and 3 daughters. from the day he expired my brother in law took the possession of the property and enjoying all the benefits. in 2006 my second brother in law died because of health reasons. now family is going to want to settle the property issue among the three brothres.

Now daughters came into picture and asking for the shares. all are very well settled in their lives.

My mother in law wants to divide the property inti 4 parts in which one part is for her share.

my sisters in law are asking for 7 shares.

we are in dilemma which one is the correct option ?



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 June 2012

Legally the mother in law has 1/3 share in the property and the rest of the 2/3 share is to be equally divided between all the children i.e sons and daughters.

Ms Moses (homemaker)     26 June 2012

are all the daughters who were married and has been given some property at the time of marriage are still the legal heirs of the unwilled fathers property which was his self acquisition?

Rajeev Kumar (Lawyer/Advocate)     26 June 2012

Your mother in law has right of 1/3 of the property and rest 2/3 will be divided among all. Yes your sister in laws are also the heir and have right whether they are well settled, married and have been given land at the time of marriage.

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