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
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 7 years ago in Property Law
Religion: Hindu
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9 Answers
Can the SIL go to Court refusing to share the property with her husband's sisters?
Asked 7 years ago
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
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.
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.
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.
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.
Suit for partition can.be filed before civil court along with an injunction application under Order 39 rule 1&2 CPC.
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.
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.