What is the law of share
Querist :
Anonymous
(Querist) 07 December 2011
This query is : Resolved
hello respective sir,
we have some ancestral properties.
Our grand father expired in June 1956 without any will. The property came to my father-in-law. He was his only son. My father-in-law has five children three sons and two daughters. My husband is his elder son his date of birth is in 1956.
MY query is that when my grand-father expired that time my mother-in-law was pregnant, means my husband was unborn.
Now my father-in-law passed away in June 2009 leaving a will all the properties two his only second share.
sir i want to know did my father-in-law have the right to do a will only to one of his son, because it was not his self acquired properties.
sir please guide me what should be the share of my husband one sixth or half because at the time of his grand father's death he in his mother womb. Some of the lawyers are saying that my husband can get half of the share because at the time of the death of his grand father my father came to life. so my father in law and my husband are 50% each share holders.
Now my brother in law is saying us to vacant the house. what should we do. We belong to Hindu religion.
sir i and my husband are in great need of your valuable advises soon.
regards
V R SHROFF
(Expert) 07 December 2011
As there was no partition, The property is of HUF.
Your husband have 1/6th Right in ancestral property. Will is illegal.
Equal right for unborn{in Womb} child and born one.
Do not vacate house, get Injunction Order from Court.
