Rights of son in law in father in law's property
Ravi Soundararajan
(Querist) 05 February 2013
This query is : Resolved
We have a house in the name of my father who expired in 2004. We have my mother alive and my father has 3 daughters and 2 sons including me.
My 1st sister and 2nd sister expired in 2009. Both did not have any children.
We are planning to sell the house now. We understand that my mother, my only sister live, myself and my younger brother can get 1/4 share each.
Can you clarify whether my first and second sister's husbands (i.e. my father's sons in law) can claim any share in the sale proceeds. If so, how much share?
If not, do they need to sign the sale deed along with us?
Adv.R.P.Chugh
(Expert) 05 February 2013
You are correct - you all get 1/4th share each. Your deceased sister's husband don't get a share because S.15 of the Hindu Succession Act - sub clause (2) mandates that when the property devolves on a hindu lady from her paternal ancestors - in absence of her children the same does not go to her husband or his heirs but to her father's heirs.
Hence they don't have share and as such are not required to execute any relinquishment or sign the sale deed.
Good Luck !!
Bharat
www.facebook.com/AdvocateBharatChughOnTheLawsOfIndia
Ravi Soundararajan
(Querist) 02 March 2013
Thanks so much for the clarification.
Can you also clarify who is entitled to the share of the property held in name of the lady (acquired from her own funds as she was employed) who died leaving her husband and mother but no children.
In other words, does the surviving mother and her husband are entitled to 50% share each or entire share goes to surving husband.
