My brother in law was having a daughter with his first wife. After death of first wife, he remarriage with another devorcee woman. After this, my brother in law and her second wife legally adopted a son. After adoption, my brother in law died. Now my wuestion is how the property will be distributed among three surviving heirs for following: 1. Single property in name of my brother in law 2. Joint property in name of my brother in law and first wife 3. Joint property in name of my brother in law and second wife 4. Single property in name of second wife 5. Ancestral property of brother in law 6. Ancestral property of first wife
property would devolve on daughter , wife and adopted son
2) brother in law 50 per share would devolve on 3 legal heirs mentioned herein above . first wife share would devolve on husband and daughter
3) brother in law share would devolve on heirs mentioned herein above
4) single property in name of second wife would devolve on her son
5) ancestral property of brother in law would devolve on his daughter , son and wife
The property belonging to your brother in law would be equally divided among his 3 legal heirs. This applies to both his sole ownership or co ownership properties.
The property belonging to any other name remains unaffected by his death.
1. The step mother is not giving any expenses to the step daughter studies and monthly expenses. Doest this situation can make any alteration in property distribution. 2. A single property in name of my brother in law was mortgaged and the 50% balance loan amount equivalent to its 50% value has been paid by daughter. So in this scenario can she claim this property fully? 3. If a step mother denies to assist in helping daughter for studies, marriage expenses etc, what the options are available with daughter?
file suit for partition to claim share in property as mentioned herein above
2) seek injunction restraining step mother from selling or creating any third party rights on property
3)daughter repaid loan out of her own free will during father lifetime . she is only entitled to share as mentioned herein above
If your brother in law is reported to have died intestate then:
1. The property lying on his name shall devolve among his daughter, his second wife and his adopted child.
2. Insofar as the joint property in the name of him and his wife shall :
He and his daughter of first wife shall share fifty percent i.e., his wife share in the property;
As far his share in the property, it will be shared by his second wife, his daughter of first wife and his adopted child.
3. In respect of the joint property in the name of his wife and him, insofar as his share in the property, it will be shared by his second wife, his daughter of first wife and his adopted child.
4. The property lying on his second wife's name is her own and absolute proeprty, hence nobody can claim any rights in it at least not during her lifetime, after her death, her adopted child has full rights in it.
5. As far as his ancestral property is concerned, it will be shared by his second wife, his daughter of first wife and his adopted child.
6. The ancestral property of his first wife becomes her own property, hence after dividing it into two shares, one equal share will be allotted to her own daughter and insofar as his share in the property, it will be shared by his second wife, his daughter of first wife and his adopted child.
1. This is a family issue or dispute, the step daughter can claim her rights in the properties as described in the previous post.
2. The daughter is entitled to her rightful share in her father's property.
3. The step daughter can file a suit for partition and claim her share in the proeprty and look after her expenses.
All the properties after death of BIL acquired character of ancestral properties.
Property will transfer in the name of all three. All have 1/3rd share each.
No.
By way of declaration suit.
She can claim maintenance from her by order of court.
Dear client, the ancestral property of brother in law is distributed only to the children of your brother-in-law(BIL) equally.
The ancestral property of 1st wife is distributed only to the children of your 1st wife.
The joint property in the name of your BIL and his 1st wife can be given to the daughter of the 1st wife and his son of 2nd wife.
The joint property in the name of your BIL and his second wife can be distributed to the 2nd wife, daughter of 1st wife and the adopted son.
Single property in the name of second wife can be given only to the son of 2nd wife.
Single property in the name of BIL can distrubuted among the 2nd wife, daughter and son.
There can be no alteration in distribution of property if she is not giving any expenses.
Section 20 of HAM ACT imposes an obligation upon the parents to maintain the children. S.20 (2) of HAM ACT lays down that the children are entitled to maintenance during their minority. This right of maintenance for the daughter is extended till she gets married.
The daughter cannot claim the full property where she has paid 50% of loan. But she can get a remedy from court by mentioning that she paid the said loan.
Your brother in law all children will get equal share iin his property. She can file suit for the same
