Property distribution

Sushant jadhav (Querist) 20 July 2015 This query is : Resolved
Hello,

My Brother died in an accident. He was married and they had no child. My brother's wife is asking for her property share in my "father property". Does she has any rights on my father's self owned/created property?

Please help.

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Sushant jadhav (Querist) 21 July 2015
Please reply

SURESH BV, Advocate (Expert) 21 July 2015
Dear Sushant,

In the self acquired property of your father, your sister-in-law has no right.

Sushant jadhav (Querist) 21 July 2015
okay. and my brother owns a flat so how much right does my sister-in-law and mother has on the flat?

because my sister-in-law is fighting with father to transfer the whole flat on her name.

Rajendra K Goyal (Expert) 21 July 2015
It is supposed that your brother was Hindu and the property was self acquired property of your brother.

Your Sister in Law (Bhabhi) would inherit the property with other class I heirs including your mother.

M V Gupta (Expert) 21 July 2015
Your sister in law and ur mother can claim equal shares in ur brotjher's properties. She cannot claim any share in ur father's self acquired property.

Guest (Expert) 21 July 2015
Well Advised by Expert Mr.M.V.Gupta

P. Venu (Expert) 21 July 2015
She has no claim on your father's property during your father's lifetime.

Your brother's property vests with his wife and the mother.

ADV-JEEVAN PATIL, MUMBAI (Expert) 21 July 2015
Absolutely agree with Mr Goyal

T. Kalaiselvan, Advocate (Expert) 23 July 2015
Your sister in law is one of the legal heirs of your deceased brother along with your mother. Therefore The property lying on the name of your deceased brother will devolve equally on both your mother and sister in law's names.
Your sister in law cannot claim a share or has no right to a share in your father's self acquired property on any basis.

Sushant jadhav (Querist) 25 July 2015
Okay. Now the problem is she is claiming that she will be staying and using my dad's property! How should we solve this now?

Sushant jadhav (Querist) 26 July 2015
Also that they will be reaching out for naari manch and claiming all my dad's property!!

Can you please reply on this..

Guest (Expert) 26 July 2015
A Widowed woman has a Right to be Maintained by her Father in Law after her husband's death,the Bombay High Court has ruled.Twelve years after Mumbai Resident Seema Shah was allegedly driven out of her matrimonial home after her husband died,the high court has granted her reprieve-it said that she has a Right in not only the Property Left by her deceased husband Jayantibhai Shah ,but also that owned by her father in Law.As a Hindu Daughter in Law she is entitled to be maintained by father in law as the Widow said Honourable Justice Roshan Devi.

Sushant jadhav (Querist) 26 July 2015
But even if we are ready to distribute my brothers property between my sister in law and my mother why we have to be penalised and bare all this. Any other way we can settle this legally?

Guest (Expert) 26 July 2015
As Rightly Mentioned by your good selves she is your Sister In Law

M V Gupta (Expert) 27 July 2015
What is the problem if she desires to continue to stay in the property as hitherto? Where she will go? How about her children? Does ur family want to drive her and her children out of the house? this is neither legal nor moral on the part of ur family members. Ur family should not forget that she is joint owner along with ur mother of the property in question.

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