partition
murali
(Querist) 21 November 2013
This query is : Resolved
hi sir. my father in law was a pensioner died last year without leaving a will. he bought a house on his name 30yrs ago. he has 4 daughters and a son.only the last daughter looked after him during his illness. now the son is telling that the house which my father in law bought belongs to him only even though he did not give any money to his father during any of his sister's marriages. now the last daughter who taken care of his father wants share in the house. how can she get the share and what petition should give and what documents should submit to court. pls clarify how to approach
murali
(Querist) 21 November 2013
hi sir. my father in law was a pensioner died last year without leaving a will. he bought a house on his name 30yrs ago. he has 4 daughters and a son.only the last daughter looked after him during his illness. now the son is telling that the house which my father in law bought belongs to him only even though he did not give any money to his father during any of his sister's marriages. now the last daughter who taken care of his father wants share in the house. how can she get the share and what petition should give and what documents should submit to court. pls clarify how to approach
murali
(Querist) 21 November 2013
hi sir. my father in law was a pensioner died last year without leaving a will. he bought a house on his name 30yrs ago. he has 4 daughters and a son.only the last daughter looked after him during his illness. now the son is telling that the house which my father in law bought belongs to him only even though he did not give any money to his father during any of his sister's marriages. now the last daughter who taken care of his father wants share in the house. how can she get the share and what petition should give and what documents should submit to court. pls clarify how to approach
BAALASUBRAMANNYAMM
(Expert) 22 November 2013
What about your mother-in-law, whether she is alive or not, it is silent in your query.But the said property has to be divided into partition and i think ie., your wife (last daughter) is entitled only 1/5th share. Either your brother-in-law(son of the deceased ) or your wife are not entitled to take the total property. File a partition suit, before your local court.If your mother-in-law also get a share, if she alive.
ajay sethi
(Expert) 22 November 2013
answer queries raised by bala . since father in law died intestate all legal heirs would have equal share in property . file suit for partition
Rajendra K Goyal
(Expert) 22 November 2013
The property would be distributed equally among all the legal heirs and to claim the same partition suit need to be filed.
malipeddi jaggarao
(Expert) 22 November 2013
Agreed with MR.Ajay sethi. The son can not say because he is the male member all the female legal heirs are excluded. He is igorant of law. Make him to realize the position of law by serving a legal notice jointly by all the female legal heirs.
BAALASUBRAMANNYAMM
(Expert) 22 November 2013
Read my answer once again:
(1)But the said property has to be divided into partition and i think ie., your wife (last daughter) is entitled only 1/5th share.
(2)your brother-in-law(son of the deceased ) or your wife "are not entitled to take the total property." ( it means that both son and daughter alone are not entitled to take whole property)
Pls. clarify.
Raj Kumar Makkad
(Expert) 23 November 2013
I do agree with the wise advice of baala subramanyam.
Sudhir Kumar, Advocate
(Expert) 07 December 2013
on other thre3ad
http://www.lawyersclubindia.com/experts/will-deed-428156.asp
you said that there is a will
