• Brother's wife refusing to share ancestral property with daughter

1.  Father died intestate leaving his wife, two daughters and a son;
2. Ten years later mother died leave the son and two daughters as heirs to the ancestral property;
3. Another ten years later, the son died leave his wife and two children as his legal heirs;
4. The deceased son's wife and children are staying in the 1st Floor while the ground, second and third floor and five shops are let out;
5.  Despite requests the daughters have not been given the share of the income from property;
6.  Now the daughter in law, (son's wife) is refusing to give the share of the property to the two daughters or the income arising out of the property;

What are the avenues available for the daughters to get their share of the property.
Asked in Property Law from Bangalore, Karnataka
Religion: Hindu
1) daughters shoukd file suit for partition to claim their one third share in property 

2) also seek share in rental income 

3) seek injunction restraining SIL from selling or creating third party rights on property 
Ajay Sethi
Advocate, Mumbai
28395 Answers
1541 Consultations

5.0 on 5.0

SIL only inherits her husband one third share in property along with her children 

2) she cannot deny the daughters one third share  each  in deceased father property
Ajay Sethi
Advocate, Mumbai
28395 Answers
1541 Consultations

5.0 on 5.0

1. The sisters should file a partition suit immediately claiming share of the properties of their parents,

2. They are entitled to equal share of their parental properties along with their brother, since deceased,

3. Once they file the partition suit claiming shar of the rent/rvenue earned so far, the Court will pass favourable order  based on which the Court Commissioner will partition the properteis demarcating the same with metes and bounds.
Krishna Kishore Ganguly
Advocate, Kolkata
13901 Answers
308 Consultations

5.0 on 5.0

1. You have not yet claimed the share in any way and have not filed any partition suit. So, she can not file a suit restraining you in claiming any share of the property,

2. She shall have to counter the partition suit to be filed by you.
Krishna Kishore Ganguly
Advocate, Kolkata
13901 Answers
308 Consultations

5.0 on 5.0

lThe property is not ancestral. On the demise of a Hindu male his property, if he died intestate, devolves through succession on his widow, mother and children equally. Any heir can file a suit for partition to cull out his/her share in the property.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

if it is self acquired property of your father then you have right to get share. file a partition suit before the civil court under section 16 cpc. 
Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

Suit for partition can.be filed before civil court along with an injunction application under Order 39 rule 1&2 CPC.
Nadeem Qureshi
Advocate, New Delhi
3968 Answers
158 Consultations

4.9 on 5.0

The daughters do not have rights in the ancestral properties if their father died before 2005. 

However the daughters are entitled to a rightful and legitimate share out of their father's share in the property.

The daughters need to file a partition suit seeking partition and separate possession of their share in the properties left behind by their father.

They can also claim share from the revenue that is augmented from the properties. 
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

Can the SIL go to Court refusing to share the property with her husband's sisters?

She cannot legally refuse or deny their legitimate share in the property.


The daughters are to file a partition suit against their sister in law as suggested.
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

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