Division of property

Is mother in law alive or died before death of husband of your sister?

Adv. Nitish Banka

9891549997

IF your sister's mother in law had died, and her legal heirs are only two daughters and one deceased son; then the property has to be equally divided into 1/3rd share for each of the daughters and the deceased son.  The 1/3rd share which will fall to the share of the deceased son (your sister's late husband) will come to your sister and her child.

Is that all involved are Hindu?

The mother in law is alive and not deceased?

Do you mean from ‘the property of mother in law’s name’ that the title was/is in the name of mother in law and/or IT is her self earned/acquired/absolute property?

Confirm!

If response to all is yes than until or unless Mother in Law agrees by her sweet will there may be NO forced division of property.

Neither daughters nor her daughter in law nor her grandchildren have any forced share in the said property of Mother in Law.

The said daughter in law s in query being legal heir of her deceased husband has a share in her deceased husband’s estate alongwith her daughter.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how and how much gets  vested in widow lady (DIL) and her minor daughter.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

You can file legal heriship certificate declaring your share in the property.