My husband's family consists of my father in law, my mother in law, my sister in law and my husband. My sister in law is married and has 1 son. My husband and I have 2 daughters. My mother-in-law and my sister in law jointly owned a property in mumbai. My mother in law died few years ago. She had made a hand written will which has gone missing. My husband died in 2015 and my father in law died last year. So the surviving members are my sister in law, myself and my 2 daughters (both minors). My sister in law now wants to sell the flat. How will the share of the property be distributed in the absence of a will? We understand that my sister in law will automatically get 50% as she is the joint owner. How will my mother in law's share be distributed? 1. Will I also get a percentage from my mother in law's share as my husband has passed away? 2. Will my 2 daughters also get a share as their daddy (my husband) died 2 years after his mother's death. 3. Will my sister in law also get a percentage of her mother's share, even if she gets 50% of her portion? 4. What if the handwritten will turns up in which my mother in law has given up her share to my sister in law? Will me and my daughters get any share or nothing?
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On mother in law demise her 50 per cent share in property would devolve on your husband , FIL , SIL
2) on husband demise his one sixth share would devolve on you and your children
3) on father in law demise his one sixth share would devolve on your SIL , you and your children
4) if hand written will of deceased MIL is attested by 2 witnesses you would not inherit any share in property
1. You have no share in the proeprty of you MIL.However since your husband died after death of your husband you and 2 children accrues sahre through him . So you and the 2 children jointly have 25% share the property while your SIL has remaining 75%.
2. Yes as sated above.
3. Yes as stated above. Apart from her 1/2 share the remaining 1/2share will be divided into 2 shares of her and her brother and hence her share stands at 75%.
4. If the Will is valid then it will be binding upon all of you.
1. The property stands in the joint names of your mother in law and sister in law i.e. 50% of the share of the said jointly owned property is held by your sister in law and the balance 50% stands in the name of your demised mother in law.
2. Now, the 50% share of the said property standing in the name of your mother in law will be equally shared by your demised husband (to be equally divided amongst his legal heirs) and your sister in law.
3. So, 75% share of the said jointly held property will be owned by your sister in law and the balance 25% share of of the said property which will be equally owned by your demised husband's legal heirs being you and your two minor daughters @0.0833% of the total property each.
4. In case your sister in law can get probate of the will of your mother in law by filing an application for probate before the Court for which you shall get the chance to contest the will, she will get the entire share of your mother in law's 50% share of the said jointly held property.
We understand that my sister in law will automatically get 50% as she is the joint owner. How will my mother in law's share be distributed?
this is your wrong perception. if your sister in law had any means of earning at the time when this property was purchased then she will get 50% share otherwise this property shall be counted as joint family property and you both have equal share in it.
generally a gift and a will give absolute right in the property. a person cannot claim share only on the ground of his name in sale deed. according to benami transaction act, a person can purchase property in the name of his family member. if he purchases so then it shall be counted as his self acquired property and all the legal heirs have equal right in the said property after his death. I think that same thing is happened in your case so you have equal right in the property.
Will my 2 daughters also get a share as their daddy (my husband) died 2 years after his mother's death.
yes but she cannot claim their share in your life time because in absence of a son (widow) mother is the legal heir so property will be devolved upon her on the basis of survivorship and she will get absolute right.
1. Your mother i law's share of property shall devolve equally on all her legal heirs, which are her daughter and the legal heirs of the deceased son. Thus your mother in law's share in the property shall be divided into two equal shares, one such share shall devolve on you and your minor children. Your sister in law besides her own share of 50% she would be entitled to have one equal share at par with the share allotted to you.
2. Your daughters and you will be jointly entitled to one half share out of your mother in law's share in the property.
3. Yes she is entitled to a share out of her mother's share also as her legal heir/successor in interest.
4. If that Will surfaces now, then it can be challenged about its genuineness if the holder of the will fails to probate the will.
1. Since the will of your MIL is not traceable her property is deemed to have devolved through succession on her heirs i.e her husband and children. So the share of your husband devolved on you and your 2 daughters.
2. The share of your father-in-law devolved further on you and your children after his demise.
3. You are free to file a suit for partition to cull out your share in the property.
