• My share in property as daughter-in-law

My Parents in Law have a property in India. 
What’s my legal share (as a daughter in law) of property? Please share basis of calculation of my legal share in property, the applicable provisions and judgements.

Details are: 

They had three children, two sons and a daughter. I was married to the eldest son who unfortunately passed away in 1972. Mother in law passed away in 1980. Father in law passed away in 1994, he executed a will in which he gave not only his own share but everyone else’s share to his daughter ignoring th fact that the property was originally acquired under 5 names (ie. Parents in law, two sons and a daughter). 
Both my husband as well as my mother in law died ‘interstate’. I have no children. Other surviving members of the family (Parents in law) are:
•	Son
•	Daughter

....much oblidged
Asked 5 months ago in Property Law from NEW DELHI, Delhi
Religion: Hindu

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

 

2) father in law can only bequeath his share in property 

 

3) on mother in law demise her share would devolve on all legal heirs 

 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

See based upon above details you shall have share of husband as property was in joint name along with that you shall have 1/4 share in mother in laws share.

For same a suit can be filed by you.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

It is a legal principle that any person cannot give more than what he has to offer. If the property was in joint name, so your father in law can legally give away only part of the property which was in his name. So, you would still have a share in the properties, being the class 1 legal heir of your deceased husband. 

Also, as your mother in law died intestate, you would also have equal share in the share of your mother in law's property as well.

The Court has ruled that a widow is still is grouped under the Class-I heir of her deceased husband and should inherit his property.

Under the scope of the Hindu Succession Act, 1956, which acts as the property law for those who are Hindu, Buddhist, Sikh or Jain, the properties of a Hindu male who dies without a will, go to his sons, daughters, widow and mother equally. The widow of the deceased is entitled to inherit equally with their sons and daughters. 

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

If it is a self acquired property and they have any will in which they don't want to bequeath any property to you then no share will be attributed. Else if they die intestate you will get a share in absence of your husband. 

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

Through this will, he couldn't have parted away the shares of others.

In other words, through this will, he could only have passed on his share in this joint property. 

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

DIL have no claim in in laws property. If mother in law had any self acquired property than 1/4th would inherit you.

And property in joint name, If purchased by FIL than WILL is valid. Mere purchasing in the name of children and wife dose not make them owner. 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

On your husband death his share would devolve on you and his mother 

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. On the intestate death of your husband in 1972,  the share he was holding in the property as one of the co-owners, before his death (20%), should have devolved equally to you (10%) and your mother-in-law (10%) each. Since your mother-in-law, as a co-owner already was entitled to 20% share, this additional 10% gets added to your mother-in-law's share, i.e., 20+10= 30% share, to which your mother-in-law was entitled to at that point of time. Hence the percentage of shares, as per entitlement to each co-owner is as follows:-

Father-in-law (20%), Mother-in-law (30%), your share (10%), your brother-in-law (20%) and your sister-in-law (20%).

On the intestate death of your mother-in-law in 1980, the share she was holding in the property as one of the co-owners before her death (30%) should have devolved equally to your Father-in-law, you, your brother-in-law and your sister-in-law in the ratio of 7.5% each. Since each one of you already had certain percentage of shares in the property, this 7.5% share gets added up to the earlier share, which is detailed below:-

Father-in-law (earlier 20%+ mother-in-law's share added 7.5%= 27.5%), your share(earlier 10% + mother-in-law's share added 7.5%= 17.5%), your brother-in-law's(earlier 20% +mother-in-law's share added 7.5%= 27.5%) and your sister-in-law's (earlier 20% + mother-in-law's share added 7.5%= 27.5%).

 Your father-in-law was entitled to execute a WILL in favour of his daughter only to the extent of his share in the property, i.e., 27.5%.

Your share in the property is 17.5%.

2. Send a legal notice to your sister-in-law, for partition and separate possession of your share in the property.

3. In case, no positive result is forthcoming, file a declaratory suit in the jurisdictional civil court for declaration, partition and separate possession of the property by metes and bounds.

Shashidhar S. Sastry
Advocate, Bangalore
2118 Answers
144 Consultations

5.0 on 5.0

On the intestate death of your husband, his entitlement of share in the property would devolve equally to you and your mother-in-law. In the instant case 10% each.

Shashidhar S. Sastry
Advocate, Bangalore
2118 Answers
144 Consultations

5.0 on 5.0

Upon your husband's death, his share in that property shall again devolve on his own legal heir consisting his wife and his mother.

You consult a local experienced lawyer, issue a legal notice seeking partition and possessio of your share

Mohammed Mujeeb
Advocate, Hyderabad
10261 Answers
3 Consultations

4.5 on 5.0

Your husbands share shall be equally distributed between his mother and you, and then mother share from same shall add up and gets equally distributed.

Shubham Jhajharia
Advocate, Ahmedabad
19365 Answers
76 Consultations

5.0 on 5.0

Dear

At present you will get 1/3 rd share in the property. The share of your father in law and mother in law is devolved upon their children and thus since both have died you will get 1/3 rd share in the property.

adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

Not rated

Yes it will be distributed between you and mom. 

Prashant Nayak
Advocate, Mumbai
12939 Answers
23 Consultations

4.6 on 5.0

1.You have to challenge the will of your father-in-law, but you are miserably beyond the limitation period of 12 years to file a suit for declaration of the will as void.

2. On the demise of your husband his share devolved on his mother, wife and children equally. Thereafter, on the demise of your mother-in-law her share in the share of your husband devolved on her husband and all children equally, So you did not succeed absolutely to the share of your husband on his demise. 

3. You are free to file a suit to declare the will as illegal and void but the bar of limitation will operate against you with full vigour.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Dear Madam,

Yes,mother has right over the property of deceased son, but her share depends upon various factors. The transfer of property is governed by personal law of parties in case a person dies Intestate i.e. without a will. In case person dies after making a will and there is no dispute as to legality of will, share of a person’s property is distributed as according to will.

The question of right over the property of deceased arises when there is no will. such right is governed by personal law of Parties.

In case of Hindus, property is transferred as per Hindu Succession Act 1956. Mother is a Class I heir as per Schedule of the act along with 11 other heirs. All the heirs in Class I has equal share in property and nobody has a preferential share. Here Hindus include Sikhs, Janis and Buddhists

Netravathi Kalaskar
Advocate, Bengaluru
3178 Answers
14 Consultations

5.0 on 5.0

No your husband expierd before FIL and he executed the  WILL of his property. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

You have not mentioned that if the properties  originally belonged to your father in law;

assuming it was your father in law's self acquired or own property, upon his transfer of the property to his daughter by a testamentary disposition i.e.,  Will,  this may be considered as proper and legal.

Thus if your deceased husband had no rights in the property consequently you also cannot claim any share in the property as a right.

This opinion is given on the basis of the information furnished by you, hence if you have any additional information about the origin of the property and the nature and the status of the property upon  your the death of your husband, more proper opinion can be rendered.

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

First of all ascertain if your husband had any rights in the properties that belonged to his father.

As per your contents, it appears that the properties originally belonged to your father in law as his own and absolute property hence upon his transfer of property during his lifetime to a person of his choice, the others cannot claim any share in it as  a right.

You may better take advise from a local lawyer by producing all relevant papers before him before proposing to initiate any legal action on this.

 

 

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

Husband share will be equally distributed between you and your mother in law. As your mother in law has expired, the property will be divided in equal proportion among third class 1 legal heirs, then you would also get one third share of her share in the property which would be equally divided between you and your children.

Siddharth Jain
Advocate, New Delhi
4785 Answers
52 Consultations

5.0 on 5.0

The later, his share will get equally distributed between you and your mother in law.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

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