• Distribution of family property

My mother in law has three daughters out of which two are married and one yet to get married the ages of there daughter are 1] 32 2] 31 3] 22 there father died ten years ago worked in Indian railways and my mother in law gets pension from rail.they presently posse a two storied house inherited from fathers family. Presently my mother in law stays with her youngest daughter and along with her 2nd daughter +daughters husband and there daughter child together and the 2nd daughter got the job in railway of her father and is working.They stayed there in the sense that they would look after her mother and her young sister {till her marriage}. Now my mother in law wants to distribute the property among her daughters, presently the power of attorney of the property belongs to my mother in law where I came to know that the property will be divided into 5 parts among which 2 parts will be kept by my mother in law for future old age support and rest three parts will be distributed among daughters. Now she also decided that the house would be given to her 2nd daughter who would stay life long and the 2nd daughter would pay the amount to her 2 sister of their part of the house.

Now my question is 2nd daughter enjoying the railway service of her father and after retirement would get a handsome money which she would not divide also she gets the house by paying 2 parts money, the house which if she wants can be sold and money realised or can be rented so she is and can earn money from many sources but the other 2 daughters gets on 1/5 of their fathers property share,and nothing but also mother in law said that she would later distribute her 2parts which she kept for herself after all expenses what is left over among her three daughters but some more to that daughter who looks after her.

So please help suggest and advice whether this is right or wrong and is it fair and as per Indian law as we don't know anything about it.
Asked 4 years ago in Property Law from Asansol, West Bengal
It is difficult to understand either the facts or the queries mentioned by you. Please write clearly and also inform as to who are you? Are you the husband of one of the three daughters? Who else are there in your mother-in-law's family?
Prabhat Shroff
Advocate, Kolkata
141 Answers
39 Consultations

4.7 on 5.0


Thank you for posting your query.

Your mother in law and her three daughters are equally entitled to your father in law's property. that means each of the party will get 1/4 share in the entire property. This will not include any self acquired property of your mother in law.
Your wife must not sign any release deed or any other document releasing her 1/4 right in the entire property of your father in law. Even in the house in which your mother in law is residing, your wife has a 1/4 share.

As regards the appointment of your sister in law on compassionate grounds in railways, it is a separate issue and has nothing to do with the distribution of property.  

You must consult a civil lawyer immediately before any of the other legal heirs try to alienate the property.

Nishant Bora
Advocate, Jodhpur
111 Answers
33 Consultations

4.9 on 5.0

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