• My father-in-law expired without will in 2014 December

My Father-in-law expired without a will in 2014 and recently my husband also expired in october 2016 , i have a step mother-in-law and a sister-in-law .

My step mother-in-law doesn't have any kids, my late husband and his sister are only children to my father-in-law

can anyone help me explain who all have legal rights to my father-in-law's property and what is the percentage of property share will go to each of the legal hiers

Also guide can my setp mother-in-law or sister-in-law sell any property without my concern
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

14 Answers

After death of a man, his legal hairs are

1) wife

2) children

3) parents of husband.

So, firstly you would need to clarify that do you have any children with your late husband?

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

No property can be sold without your consent, all 3 you your step mother law and sister in law has equal share in the property on intestate death og your father in law.

You can present a joint application for mitati in and transfer of property in repspective name and with death certificate of your father in law and husband.

Further can carry out a partition amicable by a partition deed by dividing equal share if there is no dispute.

Also if there is any dispute you can file for partition of your share and an application of interim injunction so that property.cannot be transferred.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Yes they both have shares in the property and without your concern they can sell it property.

2) below are the share ratio for each of you in property.

a) Father in law = 100%

b) Two wife's equal share each = 50% each

c) so your step mother in law will have 50% share in the property.

d) your husband and sister in law will have 50% share in the property means 25% each.

e) your husband share in the property is 25% of the property.

So if you have possession on the property than you can hold the sale of property, if you have son child and you can do emotionally blackmailing to step mother in law and sister in law.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Your father in law property will go to his widow and children which includes your husband

2. On demise of your husband, his share in your father in law property will go to you being his legal heir

3. If you have any children from your husband, then the above share will be equally divided between you and your children

4. Your step mother in law and sister in law cannot sell the property without your consent

5. Ask for partition of property

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Dear Client,

After father in law`s death, his property will inherit in son, daughter and wife by 1/3rd each.

And on death of son, his 1/3rd share will devolve you and mother by equal share 1/2 each.

Sister have no claim in brother share.

So, accordingly - 1/3 sister, 1/3 mother + 1/2 of 1/3, you 1/2 of 1/3.

They cannot sell property without partition effected.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The property of the father will be divided into the first class legal hairs that is his wife widow of his sons .

The property cannot be sold without the partition among all the legal hairs.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

On demise of father in law your husband has one third share in property

On husband demise you would inherit your husband one third share in property

Step mother and SIL can sell their one third share in property without your consent

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Dear Concern,

Please take note -

1. Since your father-in-law expired in 2014 so the property will be equally divided in to your husband and sister-in-law. Had his death been prior to 2005 then the complete share would have come to your husband.

2. Your mother-in-law will have no share in the property as per the Hindu Succession Act. This Act transfers the property only to male counterpart and not to female except the daughter that too if father has died intestate after 2005. This is true in your case so the property will be divided 50:50 in between your sister-in-law and husband.

3. Now, since your husband has also expired so the property which was supposed to come to your husband will now go to your son or daughter whoever is in existence and you will be appointed as guardian till the time they do not attain the majority.

4. If their are no children out of your wedlock then you will only have the right to live in that house till the time you are alive and after your death the entire property will go your sister-in-law.

So the entire distribution is as follows -

A. 50:50 to your husband and sister-in-law while your mother-in-law will have rights to reside in that house for the rest of her life.

B. 50% of your husband will be going to your children (son, daughter or both) and you will be the guardian of that property till they attain the majority. If there are two children then this 50% will be further divided into 50:50 and so on.

C. If there are no children of yours then the entire property is going to sister-in-law while you and your mother-in-law will have the right to reside in that property for the rest of your life.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. The step mother-in-law will get 1/4th share (another 1/4th to mother-in-law), the sister-in-law will get 1/4th share and your late husband will get 1/4th share;

2. Since your husband also expired, his legal heirs will get his share. If your mother-in-law remarried then she will not get any share;

3. Therefore you and your children will get your late husband's share;

4. They can sell only their share of the property, they can't sell the 1/4th share of your late husband without getting an NOC from his legal heirs i.e. you and your children.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Firslty, it purely depends upon the nature of the property.

Secondly, if it is the anscestral one then son and sister would be able to divide the same, and one share for father which is called notional portion.

Thirdly, then out of that father’s lortion also son plus sister plus step mother would get equal share.

Fourthly, if the property is self acquired then it would get diluted as per Hindu Succession Act where all there would get equal shares.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The property left behind by your deceased father in law shall devolve equally on all his legal heirs, i.e., your husband, your sister in law and your step mother in law.

The properties can be divided into three equal parts and one such share can be allotted to each including your deceased husband.

The share of your deceased husband shall devolve on his own legal heirs i.e., you and your children.

You can issue a legal notice to both of them seeking an amicable partition of the property, if they dont agree then you may file a partition suit and also obtain an injunction restraining them from selling or alienating or encumbering the property in ny manner till the disposal of the main suit.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

As per rule 4 of Class-I in the 2005 Act, the widow of the pre-deceased son shall get equal portions. Thus, you are entitled to equal share. Without waiting anymore, file a suit for partition to claim your rights instead of contesting after the property is sold.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Assuming that your step mother-in-law is a legally wedded wife, upon the death of your father-in-law, your step mother-in-law, your husband and his sister would each inherit one-third share of your father-in-law's property. You can claim your husband's one-third share together with your children in equal measure, upon your husband's death. Your step mother-in-law or your sister-in-law cannot sell the property without your consent.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

You and others mentioned have share in the property. No they can't sell the property without your NOC.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer