• How a property is valued and the rights of married grand daughter

The property in question is an old two storied building built by my Late Father-in-law's father. The said property's mutation is in the name of my Late father-in-law and his younger brother (can be referred as X). My Late father-in-law had a sister, who died leaving a daughter who is now married. 

My question is 1) How the property can be valued at current rate ? 2) Whether the married daughter of my Late father-in-law's late sister is entitled to get any share ?

The property falls under Municipality and we have approached it for the valuation but want to know if any private person can do proper valuation and on what basis the valuation would be done. The 2 storied building is almost 60 years old.
Asked 2 years ago in Property Law from Kolkata, West Bengal
1) if property was owned by your grand father in law on his demise property would devolve  on your father in law , his younger brother and his sister.

2) in other words sister had 1/3rd share in property 

3) on her demise her share would devlove on her legal heirs including her married daughter 

4)you can approach any govt approved valuer for carrying out valuation of the property
Ajay Sethi
Advocate, Mumbai
23325 Answers
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1. What for do you want to find the value of the said property? You can find out the value at which the  stamp duty will be charged for selling the said property from your local registration office,

2. The married daughter of your late father-in-law's late sister is entitled to 1/3rd share  of the said property i.e. exactly what was the share of her deceased mother.
Krishna Kishore Ganguly
Advocate, Kolkata
12127 Answers
233 Consultations
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Hi, your wife and your father in law sister and his brother has equal right over the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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Hi,
 
1. If the property was transferred to the Two brother's name while their father was alive and by him, it absolutely belong to them. such condition the married sister has no right , hence her legal heir daughter cannot make a claim now on the property which was earned by the grand father and dispersed it while he was alive..
2.If it was transferred/ mutated in their name after the grand father-in-law's death Your niece can ask for a share as it is inherited by her mother that is 1/3 share, as the right divides between the three legal heirs equally .
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0

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