Sir, your wife is class 1 legal heir of her parents property .. The brothers of deceased cannot claim their share on it.. However the share portion they are raising shall only be decided by court of law...legally your wife is the owner of the land..
My father in law and mother in law passed away leaving 4 acres of land.he got it from his father.my wife is the only daughter.she is the only legal heir. But father in law have three brothers and they got there shares too from their father.but now they are arguing that they got less in the partition as they were minors when partition done.so can brothers claim on the property when daughter alive?
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Sir, your wife is class 1 legal heir of her parents property .. The brothers of deceased cannot claim their share on it.. However the share portion they are raising shall only be decided by court of law...legally your wife is the owner of the land..
Daughter will inherit 4 acres of land standing in deceased parents name
Uncles have no share in said property
They cannot reopen partition done years back with consent of parties
1. Was any partition deed executed or registered in connection with the said property by your father in law and his siblings?
2. However, partition has already been effected and followed by all the parties.
3. For claiming anything in addition to the partition already effected long back, the said three brother's of your father in law shall have to file a suit before the court which your wife shall have to contest fittingly.
4. There is remote chance of your father in laws brother's to win the said case, if filed by them.
Father in law never filed any partition deed or any will as wife is the only daughter. but father in law got this property by partition deed registered by his father.but at that time his brothers were minors
Even if they have some extra share .. They will have to file a civil suit to claim their share.. Try and settle it amicably first but if they do not agree then without thier challenge in court your wife is the legal owner of the property
1. Your father in law has got his share of his father's property through a registered partition deed.
2. So, legally your father in law was the title holder of the said partitioned properties.
3.Your wife being the only legal heir of her father inherits her father's properties and she should not muuate her name in all land records.
4.If the brothers of your father in law were minors then the said partition deed, if signed by them as minor, is not valid and can now be challenged.
5. If it is a settlement deed executed by the father of your father in law then it is valid and your wife won't have top worry for other's claim on her share of the property.
Your father brothers on attaining majority should have taken legal proceedings to set aside partition deed if they were not given equal share
2) after so many years they can hardly claim they were not given equal share and claim land transferred in your father name by regd partition deed
1. The properties of your in-laws have devolved absolutely on their daughter after their lifetime. Their brothers have no share therein.
2. If your wife is not allowed to take the possession of the properties of her parents then she should file a suit for recovery of possession and permanent injunction against her father's brothers.
Your father i law's share of property shall devolve on his own legal heir i.e., is daughter.
His brothers cannot dispute about less share at this stage and in case of any dispute they have to aproach court only and not to fight with your wife.
Father in law never filed any partition deed or any will as wife is the only daughter. but father in law got this property by partition deed registered by his father.but at that time his brothers were minors
If your father in law acquired the property vide a registered partition deed, then he is the absolute owner of the property and nbody can dispute the same at this stage.
The minors had three years after becoming major to contest if at all they had anything to contest over the share of the property allotted to them during their minority and not now