• Property distribution after death

My father in law (70 yrs alive) has 1 son and 1 daughter.my father in law  also has one younger brother(60 yrs alive)who is having one son only.now my own brother in law died in an accident and my wife became the only kid to father in law and mother in law(alive).so what is law in indian property law for distribution.my wife has demand on their property or not.brother of my father in law is not so good kind of person.plz help what should i do.
Asked 6 months ago in Property Law from Berhampur, Odisha
Religion: Hindu
on father in law demise mother in law, son , daughter are legal heirs

2)younger brother of father in law has no share in his property 

3) if her brother died and father in law without  any will your mother in law and your wife (being daughter) would be only legal heirs

4) i presume her brother was bachelor at time of his demise 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
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Whose property is it? If the property is owned by your FIL then during his lifetime he has the right to make a disposition of it in favour of anyone as none of his heirs has any right therein, whereas if he dies intestate the property will devolve through succession on his widow and children. The share of his predeceased son shall devolve on his heirs i.e widow and children. 
Ashish Davessar
Advocate, Jaipur
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446 Consultations
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Hi, If the property is the self acquired property of your father-in-law then he can dispose of the property according to his wills and fancy and if the property is the ancestral property then  your wife has share in the property.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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You have not mentioned that what nature of property is held by your father in law, i.e., whether it is ancestral or self acquired or inherited from his father as share in a partition or gift deed or settlement etc.
Assuming it to be self acquired property, your father in law has full rights in the property to disposed the same in the manner and desire as per his choice and sweet will and wish.  In that no one including his wife or your wife has any rights to claim anything or even a share in it.
If your father in law is holding ancestral property then as on this date your wife can claim a share  outof his share in the ancestral property.
So clarify other issues and revert.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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1) I presume it was self acquired property of grandfather 

2) on his and grandmother demise your father in law and his brother would be only legal heirs 

3) on FIL death his property would devolve on MIL and your wife only 

4) your wife can on her parents demise file suit for partition to claim her share in property 

Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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Since it is your wife's grandfather's property, it devolves equally on both his sons upon his intestate death.  Now both the sons have died hence their legal heirs are entitled to their fathers' respective shares. 
In fact your father in law had two children out of which one died, it is not known whether he was married and survived by his wife and children upon his death, if so, your father in law's share in the property shall again be shared between your wife and her brother's family members. 
This is the position of law.  For further clarification you may produce the relevant documents before a local lawyer and can proceed as per his advice.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
The properties are not ancestral if they were originally owned by your wife's grandfather. Your wife can claim only her share through succession as there is no inheritance. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0

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