• Distribution of property on death

My wife's father died . My brothers said there is no will and nothing has been given to me by him . He has some properties in Rajasthan in joint names of himself and my brothers etc
And he has private limited companies with shares in name of himself and brothers . How to go in this case
Asked 4 months ago in Family Law from Delhi, Delhi
Religion: Hindu
File suit for partition to claim share in movable and immovable properties standing in name of deceased father 

2) also seek an injunction restraining brothers from selling property pending hearing and final disposal of suit 
Ajay Sethi
Advocate, Mumbai
23383 Answers
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Hi 
As such since there is NO Will, your wife is eligible for a share of her fathers properties. 
Whatever share/ properties are in the father's name (whether held individually by your father in law or Jointly with others)  will now be subject to partition and your wife has every right to claim a share of his properties. 

The property of your father in law will vest in accordance to Section 8 of Hindu succession Act and since your wife is a class I heir, she is eligible for a share in her father's property.

Hope this information is useful
Rajgopalan Sripathi
Advocate, Hyderabad
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43 Consultations
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If he died intestate then on his demise all his properties devolved through succession equally on his widow and children, any one of whom can file a suit for partition to cull out his/her share in the properties.
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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suit for partition has to be filed in Rajasthan where the properties are situated 

2) object to jurisdiction of courts in Delhi  as no properties are situated in Delhi 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
Hi 
The suit has to be filed in the place where properties are located. Since the properties are located in Rajasthan, Only courts in Rajasthan will have the jurisidiction
If your wife is interested in family settlement first, she can approach the Lok adalat in Rajasthan. 

Lok adalat has the powers of a District court and the advantages of referring a matter to Lok adalat  are 
a) Parties can approach lok adalat in pre-litigation stage itself. 
b) In lok adalat, parties are encouraged to negotiate a settlement / compromise agreement amongst themselves. 
c) Lawyers- In lok adalat, lawyers are NOT encouraged as it is a Alternate Dispute resolution mechanism and hence NO lawyers are required. 
d) Moreover the Court fees for filing a complaint in Lok adalat is very very miniscule compared to Court fees at District courts.
e) The Powers of Lok Adalat is such that once an agreement is reached between the parties, there is NO Appeal. Even supreme court cannot interfere in agreements so reached in Lok Adalat. 

Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
The suit for partition has to be filed where the properties, of which partition are sought, are situated. During the course of the proceedings in the court if an out of court settlement is reached at then a consent decree can be passed by the court. 
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
My wife's father died . My brothers said there is no will and nothing has been given to me by him . He has some properties in Rajasthan in joint names of himself and my brothers etc
And he has private limited companies with shares in name of himself and brothers . How to go in this case

If your wife's father died intestate then she is also eligible for a legitimate share in hr father's self acquired property.
She can file a partition suit seeking partition an separate possession of her own rightful share both in immovable and movable properties.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
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Can my wife file  suit for partition In Delhi though my father lived and has properties in Rajasthan ?her aim is for family settlement first and for bringing brothers to accept and bringing to negotiating table . Kindly advise me easiest course in such case

No.  She can file a suit only in the place where the property is situated. 
If her brothers are agreeing for an amicable settlement within the family members, then she can proceed in that direction too. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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