• Property division

Hi,

there is a property of my father in law from his parents now my father in law has expired & he had no son, there are 7 sisters & their mother 
he had left no will , we want our part, Pls. advise
Asked 2 months ago in Property Law from New Delhi, Delhi
Religion: Hindu
Hi, Legal heirs of your father-in-law has to equal right in the father-in-law property and they have to divide the property equally.

2. Those who don't want share in the property they have to execute release deed in favour of others.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
On father in law demise each legal
Heir has one eight share in property 

2) your wife can file suit for partition to claim her share in property 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
Three legal heirs can execute relinquishment deed for their share in property 

2) deed of partition or family settlement t can be executed for division of property among 5 legal heirs 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
Hello,

You will have to first clarify as to when the Father in law died i.e., before or after 2005, then only I can give you suggestion as to what can be done. Also in case if the father in law has died before 2005 then it will make no difference as to all the members are ready for partition or not. Your wife in that case can then file a suit for partition in the appropriate court of Law.

Thanks and Regards 
Anilesh Tewari
Advocate, Lucknow
20 Answers
0 Consultations
Not rated
Hi, Each membes have equal share in the properties.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
It is not ancestral property 

2) property which has remained undivided for four generations is ancestral property 

3) each legal heir would have one fifth share 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
Upon your father in law's intestate death, your wife shall be entitled to 1/8th share in the property which are his own property
If other co-sharers are not willing for an amicable settlement or mutual partition then she may file a partition suit seeking her share and separate possession of the same through a civil court. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
out of all including mother in law if 3 members dont want it to be devided than what will be the solution !

As suggested earlier, partition suit before court will be the next step and solution for this.
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
since the property is paternal (father in law didnt buy, this is from his parents ) how much share does each member has, including mother in law

Even if the father in law did not purchase he property and it was inherited by him, it becomes his on and absolute property hence his legal heirs/successors in interest shall be entitled to their legitimate share in the property. Thus your spouse shall be entitled to 1/8th share in it. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
On his intestate demise his property devolved through succession on his widow and all children equally, so the share of each heir is 1/8th. If any heir wants his/her share then he he /she may file a suit for partition in the civil court.  
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) suit for partition takes 15 years to be disposed of 

2) after passing of preliminary decree court would appoint commissioner for division of property by metes and bounds 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
After the filing the partition suit, you have wait for the disposal of suit by court which may take at least 3 to 5 years.

If anyone do not cooperate for the partition, then the court may bring the property into auction and distribute the sale consideration equally to all  sharers.


T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
1. Partition suit is likely to take at least 1-2 years in the court unless a consent decree is passed by the court.
2. The court will appoint a commissioner to divide the property. The wants and desires of every legal heir cannot be accommodated by the court. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0

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