• Property right of daughters

Both my in laws has passed away. Now there are 4 daughters and one son. My father in law has a house which is currently occupied by his son. All the daughters are married and do not live in the same house.Only the son's family lives in the house. Please let me know what does the law state about division of the property which is currently occupied by the brother only.
Asked 3 years ago in Property Law from Kolkata, West Bengal
on death of in laws each legal heir has 1/5th share in the house . sons and daughters have equal share . any daughter can file suit for partition . i presume your in laws did not leave any will
Ajay Sethi
Advocate, Mumbai
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If your father-in-law did not leave any will or settlement deed then all his children qualify to get an equal share in his property unless any one of his children can prove that the property was purchased/augmented by his/her monetary contribution.
Ashish Davessar
Advocate, Jaipur
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Since the son alone is occupying the property the daughters of your father-in-law can file a case for property division in the court to cull out their share in the property.
Ashish Davessar
Advocate, Jaipur
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506 Consultations
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