• Legal heir

My father-in-law expired few days ago without making any will.
My brother-in-law also expired 4 months ago leaving behind his wife and 2 daughters.
Property is in father-in-law's name only.
My wife being legal heir would like to claim property? Can her sister-in-law also claim for the property?
Is there a way where my wife can claim for 100%? this I am saying as there have been lot of mental harassment given by her sister-in-law to her father,
Looking forward for right advice?
Asked 5 years ago in Property Law
Religion: Sikh

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17 Answers

On demise of your father in law your wife , brother wife and 2 daughters would be legal heirs 

 

2) your wife as daughter would have 50 percent share in property 

 

3) her brother legal heirs would inherit balance 50 per cent 

 

4) I presume mother in law predeceased your father in law 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

Yes. Your wife is the sole survivor and the only legal heir. So she can claim and get 100%

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

1) No, your wife don't have 100% rights, instead of that she has 50% share in the property.

 

2) Now under whose possession property is your wife's or sister -in-laws?

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You have to file application in the district court seeking legal heir certificate

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

Dear Sir,

Dear Sir,

Your wife having share in her fathers property but her sister in law have no right at all but her daughters having their rights to claim their share.

After the death of your  father  it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

Hindu Succession Act, 1956 [Section 8] HEIRS IN CLASS I AND CLASS II

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

CLASS II

1.Father.

2.(1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Apply for succession certificate from district court in name of legal heirs 

 

2) nominee is only trustee for legal heirs 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

The sister in law and 2 daughters shall inherit 50 percent of the property and 50 percent shall be inherited by your wife.

No your wife cannot claim 100 percent.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See your wife can apply for succession certificate and can claim over her share of the properties.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

First of all get a succession certificate from the competent court or legal heir certificate from the revenue officer then go ahead accordingly , before that all steps will fail.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear client, 

She is with 2 daughters and I think they shall be taken with sympathy.

Well FIL all assets will inherit 1/2 each to his children. And son share will inherit in his wife and daughters. Your wife has half claim. Partition suit will file.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

No her sister in law can claim her husband's share. 100 percent only can be claimed if he father had a will to bequeath 100 percent to her.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

As per you query your wife and your brother in law wife will get equal share in your fathers in laws  property as all are the legal hiers. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If no nomination was availed then by producing legal heir certificate the amount can be withdrawn from the bank.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  IF said Father-in-Law has demised without executing a WILL of his aggregate properties, THEN the property shall be EQUALLY claimed by:

a)  Sister-in-Law - 50% aggregate

b)  Daughter (wife) - 50% aggregate

2.  There is no legitimate way to avoid giving the 50% share to the sister-in-law.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Your wife's father is reported to have died intestate, hence all his properties shall devolve equally on all is legal heirs, his deceased son is also one among the legal heirs  hence his wife and children are entitled to one such equal share.

Your wife cannot inherit the entire proeprty by herself, her sister in law and their children are entitled to their legitimate share in it.

 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Your wife can file a partition suit claiming partition of the property by good and bad soil and metes and bounds and to divide the same into equal number of share as per the surviving legal heirs and top allot one such share to her.

Your wife is entitled to an equal share in the FD amounts also 

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there are both movable/ cash in banks/ or FDs etc. and immovable properties.
  2. For immovable you wife would be needed a succession certificate from the court of law.
  3. And for other movable your wife would have to get legal heir certificate from the office of the Tehsildaar office.
  4. Now, let me tell you the shares as to who all would be having:-
  5. Where there is no nominee then there would be yoyrnwife as well as brother in law notional share would be there.
  6. And where he was the nominee but as he expired still there wound be the same shares as stated above.
  7. Out of the two notional shares, his wife would take the same.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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