We have a property in my deceased father's name. Mother is also expired. Recently lost my elder brother also. I have one younger brother. Both of us have our families and living in our father's property. No will was made either by my father or mother. Property was self acquired by my father. My SIL is claiming a part in the property now. What does Christian/India law say about a Christian issuless widow getting a share in FIL's property?
If my SIL is eligible for a share in her FIL's property what part she will get? Please reply in detail.
Dear Client,
You are advised that, the all heirs of your deceased father are entitle to succeed the propertyleft by him.Your son in law have no legal right to claim the property left by your father. The widow of your brother who have no issues also have equal rights with you and your other brother. The left propety may be divided in three equal shares . One share for you the second share for your brother and third share for the widow of your brother.
Hi,your sister in law is eligible for 1/3rd share in the property the movement your father died without making will and property will succeed to you and your younger brother and widow of your sister in law.........she will have a right to claim in the property.
as your brother died your sis in law shall be entitled to his share. your father died intestate, hence share to be equally divided among all siblings.
1.ur SIL will get 1/3 share in FIL property.
2.u will also get 1/3 share in FIL property.
3. file partition suit in civil court to get ur share in said property.
Yes she will get a share of her deceased husband.you are bound to give it
1) your father died intestate . on demise of your parents each legal heir had 1/3rd share in father property .
2) since your brother is dead his 1/3rd share would devolve on your sister in law
3)section 33. indian succession act provides
Where intestate has left widow and lineal descendants, or widow and
kindred only, or widow and no kindred. -Where the intestate
has left a widow--
(a) if he has also left any lineal descendants, one-third of
his property shall belong to his widow, and the
remaining two-thirds shall go to his lineal
descendants
I completely agree with Ajay sethi and R.K.Nanda.
1. The three sons of your father who died intestate, are entitled to his property to be shared equally,
2. Since your elder brother died intestate, his legal heirs including his children and wife are entitled to your brother's share of your father's property,
3. If your brother has not left any children, then his widow will share 1/3rd of your father's property.
A. In the absence of Will, If the deceased is a Christian or married under the Special Marriage Act (for inter-religious marriage): Where lineal descendant is present:
1. Widow / widower – 1/3 of the property.
2. Lineal descendants – equally to share 2/3.
3. In the absence of lineal descendant, to all grand children equally
4. In the absence of grandchildren, to great grant children equally,
5. Lineal descendant of a predeceased child or lineal descendant of a predeceased child of a predeceased child if present division is based on equal shares, taking the predeceased child to be alive, and a downward distribution amongst the lineal descendants.
B. In your case, sister in law will have 1/3 share over the Father in law property.
1. Since the property was self acquired by your father all his children, subsequent to his demise, had an equal share in the property if no will was made by your father.
2. On the demise of your elder brother his share would vest in his widow and children in equal proportion. Since your elder brother died issueless the share which your elder brother got in property of your father, fell entirely to his widow(your sister-in-law). When judged on this touchstone your issueless widowed sister-in-law has an equal i.e 1/3rd share in the property of your deceased father.
