if her husband died intestate ie without any ill on his death his wife , children and mother would be legal heirs . wife would have 1/3rd share in property balance 1/3rd each would be of her son and deceased mother . widow should file partition suit . contact a local lawyer
Family heir
Sir, My friends sister a widow, her husband as two apartments in coimbatore, and he had not transfer the property to wife or son, but in heir certificate, his mother name is there. after his death, the rent is being collected by her mother and not even a single rupee is given to her daugter in law. now how can we claim the rent and will the mother in law as the right to sell that property? can she claim the daughter in law to give her equal share separation in 2 apartments, legally. The mother in law has many properties in her name and she also has 2 more sons. my friends sister as a son aged 18 studying 12th standard. can you explain can the mother in law as a heir holder what rights to enjoy this apartments?
Asked 10 years ago in Property Law
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3 Answers
If her husband died without a will then she along with her children and mother-in-law is an equal shareholder in the property. Her mother-in-law cannot claim to be the sole owner of the property. The rent so collected is to be apportioned equally between her, her children and her mother-in-children. She can file a case for partition to cull out her share in the property and also the rent collected till date by her mother-in-law after the death of her husband.
Hi, if husband died leaving behind wife and son, legal heirs can file a suit for partition and and will get the property what are all inherited by her husband. and it is better make a tenant party in the partition suit direct the tenant to deposit the rent to before the court.
