m.kameswaran (student) 06 May 2019

Widow's right on intestate father inlaw's property

Hindu father inlaw died intestate. Before partition between mother, son and daughter of deceased father's property , son died leaving his wife(widow) and 7 years daughter. now the mother and daughter alone sold unpartitioned property of deceased for to third person without giving share to son's wife (widow) and 7 years daughter. now can widow set aside sale deed and ask for due share for her and 7 years daughter as a guardian through partition in same case.

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Vijay Raj Mahajan (Advocate) 06 May 2019

Widow and daughter of the deceased son should seek partition of the entire property of the deceased father in law in civil court. Seek order for stay of any sale of the Undivided property and also seek cancellation of any sale done of the Undivided property by other heirs of the deceased father in law. The civil court shall pass order cancellation of any sale if done and stutus of the entire property shall be reversed and maintained till the division of the entire property is done and heirs are distributed their shares by the court order.

Shashi Dhara 06 May 2019

The property is self acquired or ancestral property.if it is ancestral then deceased son s lrswill get 1/3+1/9th share if self acquired they will get 1/3. Y file suit for partition along with mother daughter and purchasers as party and claim share of minor child and mother..the court will decree Ur share by excluding the sold property.