Lega hiers
GLEN FERNANDES
(Querist) 17 March 2014
This query is : Resolved
Dear sir, my father in law(hindu) has 2 daughters.he had a property(commercial shop) in his name in mumbai.on 25 feb 14 he has expired.mother in law is still alive, but bedridden.f.i.l.and m.i.l. both were/are staying with us for 8 yrs.
now,my question is
1.who has got the first legal right for the property which is in mumbai.
2.if my m.i.l wants to give it to her younger daughter(my wife),can it be done and how?
3.can the elder daughter claim in future?
Anirudh
(Expert) 17 March 2014
If your father in law had expired without leaving a WILL, then in that case all the three i.e. his wife (your mother in law) and his two daughters have EQUAL right, being Class-I legal heirs of the deceased person.
The question of first right, second right etc., does not arise.
Your mother in law can at best relinquish only her share i.e. 1/3rd in the property in favour of anybody whom she choses. But your mother in cannot legally give the entire property to your wife. Your wife's other sister has her legal right for 1/3rd share which cannot be denied to her. Your mother in law / father in law being with you for the last 8 years would not give your wife any added advantage as far as the share in the property is concerned.
Rajendra K Goyal
(Expert) 17 March 2014
Well advised by the expert Anirudh ji, agree to it. If the property was self acquired by your FIL and expired intestate, your MIL and both daughters have equal shares. Your MIL can give her 1/3rd share to your wife and not whole property.
