Menaka Vande (House Wife) 03 March 2011
leena (student) 03 March 2011
Menaka,
What i think is according to Hindu Law, the property should be divided to your husband (your father -in -law real son) and his step brother or sister equally. As only verbal promise made in front of no other outside witness does not contains any validity as you cannot prove it in front of court, who always demand for witness or proof.
Bhartiya No. 1 (Nationalist) 03 March 2011
As u mentioned that the property is self acquired by ur FIL, so he can will anyone even to me, no one can challange.
It will be better u get that willed in ur favour and get registered also with favourable wintnesses.
Also, u may post this query in section CIVIL, PROPERTY and Expert of this site for better expert opinion.
Menaka Vande (House Wife) 04 March 2011
Tajobsindia (Senior Partner ) 04 March 2011
@ Author
1. If there is no will made by FIL in his life time then your husband is entitled to 40% i.e. 20% share of his + 20% share of your husband’s deceased mother (your MIL) of the total properties of your FIL is my view.
2. Hence based on para 1 I may suggest; file a “suit for partition” before Jurisdiction Civil Court and for allotment of such shares before the said properties vanishes to step mom’s hand in your FIL’s life time.
3. I may like to be corrected here when I say most probably the whole property will be divided in to 5/16 th. to each of the children and 1/16th to the surviving wife. In this case your husband will only get 31% (5/16th) where as the second wife family will get the remaining 69% ?
However, as rightly pointed by Ashutosh the que. is better addressed in Property Law and or in Civil Laws Forum sections of this premium Legal portal site.