• Legal heirs to property

My father-in-law died without a will. He has three properties and mutual funds. Properties are:
1. Small farm land near Nashik. This is a ancestral property, which he got from his father. 
2. A 2 BHK flat in 2 Nashik. This is his own earned property.
3. Flat in old Mumbai where he was staying with his wife. This is a rented property and they were staying there for more than 50 years.

He has no son and three daughters. 
Eldest daughter died in January 2005, survived by husband and two sons. 
Second daughter is my wife and we reside in Mumbai.
Third daughter is in Canada. She, her husband and her son are citizens of Canada.
His widow that is my Mother-In-Law continued staying in rented flat.

Can you please advise how these three properties and mutual funds will get divided into the legal heirs?
Asked 4 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) since your father in law died intestate on his demise your wife has one fourth share in all his properties 

2) the one fourth share of deceased eldest daughter would devolve on her legal heirs 

3)in respect of farm land, flat in nashik, your wife has one fourth share 

4) as far as rented flat is concerned apply to landlord to transfer tenancy in name of mother in law and take consent of other legal heirs for said purpose . landlord would transfer tenancy rights on your MIL name if other legal heirs consent 
Ajay Sethi
Advocate, Mumbai
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well first of all. if this property belongs to your father in law and automatically if he died without any will then this property fully
belongs to your mother in law only. and she is only legal heir of the property only when she is willing to divide then only this property can be divided. because after the husband only wife is entitled for the all property and mutual funds etc. if she wants to give all share of the property equally to her all three daughters then only.
lastly i eldest daughter's kids have also right on the property if all other daughters will get the benefits from their father property. by chance if your mother in law died without any will then this property also will be divided in three of them.
Regards
Sapna seth
Sapna Seth
Advocate, Chandigarh
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0 Consultations
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property inherited by your father from his father is not ancestral property

2) property which has remained undivided for four generations would be ancestral property 

3) inherited property of father in law would be regarded as his self acquired property 

4) on his demise all  legal heirs have one fourth share 


5) judgment of SC is not applicable to present case 
Ajay Sethi
Advocate, Mumbai
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1230 Consultations
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Thats absolutely right property equally belongs to four of them but only with the choice of their mother because only she has the full right on the property.
and also if eldest sister died that doesn't mean she don't have any right on the property. it also depend on your mother in law choice she wants to give the share to her kids or not.

Sapna Seth
Advocate, Chandigarh
18 Answers
0 Consultations
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He has no son and three daughters. 
Eldest daughter died in January 2005, survived by husband and two sons. 
Second daughter is my wife and we reside in Mumbai.
Third daughter is in Canada. She, her husband and her son are citizens of Canada.
His widow that is my Mother-In-Law continued staying in rented flat.
Can you please advise how these three properties and mutual funds will get divided into the legal heirs?


Your wife being one of the legal heirs is entitled to an equal share in all the properties let behind by her father, whether self acquired or inherited from his father, but not in the rented property.
In fact nobody has a hare in it because it is rented property and these people are tenants for ever. 

All the properties including the movable properties in for the form of mutual funds and fixed deposits shall be shared into four equal parts and besides your mother in law, all her daughters (this includes the legal heirs of the deceased daughter) shall be entitled to 1/4th share each in both movable and immovable properties. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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When I search on Internet about this I got to know about Hindu Succession act. As per my understanding this act says all properties will get divided into 4 equal share. One to Mother-in-law and three others to daughters. But as per amendment to law in 2005 and Supreme Court verdict, daughter is only eligible if she and father are alive on September 2005, the date law is amended. 
As the eldest daughter expired in January 2005, in this case is sons of the deceased daughter have rights to all properties and mutual funds ?


The supreme court judgement is not applicable to this situation.

It will be applicable only in respect of the ancestral properties distribution.

The property your father in law got from his father shall not be termed as ancestral property.

Therefore the properties shall be divided into four equal shares and distributed to all the four with one such share.  
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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