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vijay (engineer)     27 July 2010

grand father and father property

dear all

please answer my query

My wife has two younger brothers,

My wife's mother is the only daughter to my wife's grand father, grand mother is alive.

My wife's grandfather has all his property self acquired.

My wife's father has got all his property from his father.

Now  please tell me what is my wife's share in her father/mother property and her grandfathers/grandmothers(mothers parents) property?

please let me know if u want any further information



Learning

 2 Replies

Bhartiya No. 1 (Nationalist)     27 July 2010

If your wife's grandmother who is alive, ur wife's father and mother will not take any share or will not object then the whole property will get divided into three equal parts, 1/3 to ur wife, and 1/3  and 1/3 to two younger brothers of ur wife.

After passing your wife's grandmother, ur wife's mother will become absolute owner of the entire property, since she is the only heir and she can give it to anyone she likes.

Regarding the property of ur wife's father if amendment of succession act 2005 is applicable then it will be divided in to four equal shares ¼ to ur wife's father, ¼ + ¼ to two brothers and ¼ to ur wife. But ur wife may not get share in the house where ur wife's father and two brothers are living or has been used for living purpose since generations (Khandani House). Also the share of father of ur wife will get further divided in to three equal share after his demise without any will.

Above is as per me, let us wait for the opinion of other experts, or u may cross check with any good civil lawyer. Also if u find anything incorrect pls. inform or write.

raj kumar ji (LAW STUDENT )     28 July 2010

dear vijay ,i agree with ,ashutosh but there are some other facts also in this case .

1-in this if ur wife mother get the property after the death of there mother and father so she was the sole owner of the property ,she want to dispose as well as she want .

2-why u says ashutosh that she can not take any share she got 1/4 share of that property .


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