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jeeva (ss)     01 July 2013

Son's share in mother's property

Hi,


My mother-in-laws father have a land ,and cuurently its value is rs.1 crore.my mother-in-law has 2 brothers and 2 sisters.Her father dint write any will, and expired. My mother-in-laws 's sister have filed a case, to divide the propery equally among them.Is this possible, Will my mother-in-law get equal propery?


And my husband has got 1 elder sister.She have a own house, and a land .My husband don have anything,But mother-in-law told that she ll divide the money, which is coming through above property, in to 3 parts, she ll have 1, and 1 for my husband and 1 for her sister, she s telling, after her death, we can have her part.but her sister is rich enough , we don have any property  as of nw, is there any way that we can get whole of her share??



Learning

 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     01 July 2013

It depends upon many factors. However, from what you have briefly stated I assume it is the self acquired property of your MIL's father then she will get equal share along with her brothers and sisters. It would be her absolute property so she can give the entire property to your husband if she wishes.

Mohammed Ameenuddin (Sr. Legal Manager)     01 July 2013

If she is willing to give the whole share to your husband, try to get executed will deed from her and which will be in force after her death.

Arpit lalan (Legal Consultancy/Advocate)     02 July 2013

Hi,

    Please note, that if the Suit of Partition is filed by whom so ever amongst your Mother in law or any of her siblings then the property will be equally distributed. Futher, the property that is your Mother in law's after the equal allocation of Property by the High Court she can dospose it or bequeath it in her Will or also gift the property to her Son (your Husband) as per her wish.  Also, with regards to her share to be bequathed to your husband after her death, it needs to be clearly mentioned in the WILL that she makes.


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