Sister in law share
srao
(Querist) 06 July 2011
This query is : Resolved
My Mother had expired in the Year 2003 and my Father had expired in the Year Jan2007 and there after my elder brother had also expired in Oct2007. All expired without leaving a WILL
I have 1 younger brother(Married) and 1 Sister(Married)and widow Sister in law(Childless).
My Father has got own earned property of House and Site.(State - Andhra Pradesh)
Also My father has got an ancestral Property of Fertile Land in Andhra Pradesh.
He has 5 Sisters and No Brothers.The partition has not taken place.
Now that my widow sister in law seeking her share.
What will be the share of my Sister in law?
How I should approach to settle her?
SHall I have to complesory sell the Property and settle her or any time limit for making settlements to her?
R.Ramachandran
(Expert) 06 July 2011
The ancestral property in the hands of your father will stand automatically partitioned, by operation of law (i.e. Sec. 6 of Hindu Succession Act, 1956) when he died in January 2007.
The property will first be partitioned and each of the coparcenars (your father, all his son(s) and daughter(s)) will get 1/5th share.
Thus, your elder brother's share will be 1/5th in the ancestral property. Since he has not left any will, the same will go to your sister in law by way of inheritance.
As regards your father's share of 1/5th, for which he had not left any will, the same will go by way of inheritance equally amongst all his legal heirs viz., his son(s) and daughter and each one will get 1/5x1/4=1/20th out of his 1/5th share.
Your elder brother was alive when your father died. Therefore he was entitled to 1/20th share. That share will also go to your sister in law by way of inheritance. Totally, your sister in law will get 1/5+1/20 = 5/20=1/4th share in the ancestral property of your father.
You have to give the land to her after due partition by metes and bounds. It is for her to either keep it as a land or to sell and take the sale proceeds. If any one of you are interested then you can ask her to sell the same to you on market value and get it registered in your name.
Already 4 years are over after the death of your father. Therefore, it would be better to settle her share without wasting any further time, especially when she has already demanded.
R.Ramachandran
(Expert) 06 July 2011
I have forgotten to mention regarding the private property of your father. Since your father had died without leaving any will, that properties will also go by way of inheritance equally amongst all his legal heirs viz., three sons and 1 daughter. Since your elder brother was alive when your father died, he was entitled to 1/4th share from the personal properties (self-acquired) of your father. That property will also go to your sister in law being the legal heirs of her deceased husband.
srao
(Querist) 07 July 2011
Dear Ramachchandran Sir,
Thanks for immediate Reply.
What about the share of my 5 Aunt's(Father Sisters)
Is it necessary to sell the Property and settle my Sister inlaw or any other solution? as she is insisting to sell and settle
