Hindu family from Andhra Pradesh. We are two brothers . Property X is self-acquired father’s property and property y is ancestor’s property. Property Z is on my mothers name which came from her father. My Father and mother both are alive. My brother went for divorce( Brother had 2 yrs female kid). My sister in law sent notice about property share. They sent like they will get the 1/6 share X,Y, and Z. How much share I will get from property X and property Y & Z. How much share my sister in law and my brother's kid will get from property X and property Y & Z. Can my father create will on self-acquired ? Please clarify.
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1. Wife has no share in the proeprty of husband.the question of sahre in the proeprty never arises at all.
2. Howeevr the child if any shall have share only in the proeprty Y but not before the dealt of your father.
3.So there is nothing to worry as far as X and Z is concerned.
4.So both of your parents can deal with those properties in any manner whatsoever as they think fit including making Will.gift or settlement deed etc.
1) wife has no share in X property standing in name of father in law
2) similarly she has no share in Y and Z property
3) wife only has right to stay in amtrimonial home and cannot claim share in property standing in name of in laws and husband
4) your father can execute will bequeathing property to whom seover he pleases
5) you have no share in proeprty standing in name of your parents during their lifetime
6) only in respect of ancestral property you can file suit for partition and claim equal share
Thank you Ajay sir and Devajothy sir for your updates. I have below questions. My father got property from my grand father which is self acquired by my GF.Is it called as ancestral property ?. Will this property is my fathers wish or my brother and me will have share ?. So as per your both view Property X and Z can be share as per my parents will ? If my parents gift their entire property to me is there any obligation will come from my brother or my sister in-law or her daughter in future ?. Actually my sister in law went and filed a suit on my family in session court as guardian for her daughter and asking 1/6 property in entire X,Y and Z property( mention in previous question) . She also claimed that my father's self acquired property from or belongs to income of ancestral property. Based on my question what property( from X,Y,Z) exactly she( brothers daughter) will get as per law. It will be really help to me to under stand and proceed further.
Thank you Ajay sir and Devajothy sir for your updates. I have below questions. My father got property from my grand father which is self acquired by my GF.Is it called as ancestral property ?. Will this property is my fathers wish or my brother and me will have share ?. So as per your both view Property X and Z can be share as per my parents will ? If my parents gift their entire property to me is there any obligation will come from my brother or my sister in-law or her daughter in future ?. Actually my sister in law went and filed a suit on my family in session court as guardian for her daughter and asking 1/6 property in entire X,Y and Z property( mention in previous question) . She also claimed that my father's self acquired property from or belongs to income of ancestral property. Based on my question what property( from X,Y,Z) exactly she( brothers daughter) will get as per law. It will be really help to me to under stand and proceed further.
Property inherited by your father on your grandfather demise is not ancestral property
2) your father can dispose the property as he pleases . You have no share during your father lifetime
3) your father can execute gift deed in your favour
4) your nice has no share in property during her father lifetime
5) she would not be entitled to any reliefs claimed by her
My Father and mother both are alive.
My brother went for divorce( Brother had 2 yrs female kid). My sister in law sent notice about property share. They sent like they will get the 1/6 share X,Y, and Z.
How much share I will get from property X and property Y & Z.
How much share my sister in law and my brother's kid will get from property X and property Y & Z.
Can my father create will on self-acquired ?
The property x is your father's self acquired hence it cannot be touched by anyone other than himself.
The property Y, probably your grandfather's property hence you call it as ancestral property, however if it was allotted as your father's share in any partition among his siblings, then this property Y also becomes his own and absolute property.
In this property also he only has full rights and he can dispose this property in any manner and to anyone of his choice hence there is nothing to be worried about this.
The same thing applies to the properties belonging to your mother 'Z' .Your sister in law is a third party in the house hence she cannot claim any share ion the property as a right.
In fact you and your siblings do not have any rights in the properties X Y Z, therefore your brother's son also dont have any rights in the said properties.
Let she file any suit, it is not maintainable in law.
My father got property from my grand father which is self acquired by my GF.Is it called as ancestral property ?.
It is not ancestral property and the share of your father in the said proeprty is your father's own and absolute property therefore neither your nephew nor you children of your father have any rights in the said property
If my parents gift their entire property to me is there any obligation will come from my brother or my sister in-law or her daughter in future ?.
Your parents can dispose the property in any manner as they desire, nobody can question the authority.
Based on my question what property( from X,Y,Z) exactly she( brothers daughter) will get as per law.
She has no rights in any property hence all her cases are not maintainable, so dont worry about her tortures, you can challenge the same accordingly.