1)My husband, mother in law and 2 sister in law's partitioned my father in law's self acquired properties in 2016 2)The shares are 4 crores to my mother in law, 20 lakhs to my husband, 2 lakhs to each sister in law's 3)I had only one daughter 2 years who is a minor 4)Now can i file a suit against this inequitable partition on behalf of my daughter regarding my husband share
Dear Client,
On father`s death, his property will inherit equally between his heirs, i.e. 1/4th each but you have no locus standi to file case neither at this stage your daughter have any claim. Only your husband can seek his share 1/4th through court.
On husband death, you and daughter have share in 1/4th.
you cannot file suit against inequitable partition
2) the said partition has been duly agreed to by your husband
3) your daughter has no share in the property during her father lifetime
if a person dies intestate i.e., without will then the property of that person is divided among the legal heirs equally.
1) No you don't have rights in the property as of now. But your husband has equal share in his father's property along with his mother share.
2) If your father-in-law had made WILL on mother-in-law name than property share will be distributed accordingly.
1. You and your daughter when husband is alive has no right over the property of father in Law. Further if it was family settlment and husband has agreed for same nothing can be done,
Your daughter is minor and she is to be maintained by her father till the date she gets married.
In case of any dispute you me also claim the maintenance from your husband but but you cannot claim any share in the property.
It is a self acquired property
Therefore it will go to legal heirs who are mother, widow and children
Grandchildren are not legal heirs
The legal heirs can mutually agree how to do partition
Grand daughter has no legal right in grandfather property when the parent of the daughter is living
You will miserably fail in any legal action as sought in your query
