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khushboo   20 August 2016

From mother in law

My husband died 6 years ago , I have son of 7 year age, after that I & my son was sent to my fathers house by my in-laws, now my father in law also died. My father in law has made will in that he has given his property to her daughter's , his ancestor property also has been given to her daughter . so now I want to have my & my child part from my in laws property than which case is recommanded for me


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 2 Replies

Kumar Doab (FIN)     20 August 2016

It is believed that you are Hindu.

Your husbands's estate ( self acquired-ancestaral propery/share in joint property, Bank balance, insurance policy etc) shall devolve equally upon his ClassI legal heirs: Mother, wide, sons ,daughters.

You may claim right to reside in Matrimonial Home.

Your son can claim share in ancestarl property. You being natural guardian may claim on son's behalf.

 

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     21 August 2016

Only your son has a right in the ancestral property of your father in law. You may file a suit for partition/declaration of the will as null and void on behalf of your son as the natural guardian.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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