Hi,
The husband of my sister passed away in 2008 and she has a son. She is living in a unite family and the house in which she is living is on the name of her mother in law, whose husband also died before couple of years back.
The husband of my sister also owned some farming land which was named after his father's death. The husband of my sister were two brothers.
I want to know that my sister has any write in any of the propery or not, if yes, can she sell her share or not.
Thanks
Rajni
From Canada, Summerside
The husband of my sister passed away in 2008 and she has a son. She is living in a unite family and the house in which she is living is on the name of her mother in law, whose husband also died before couple of years back.
The husband of my sister also owned some farming land which was named after his father's death. The husband of my sister were two brothers.
I want to know that my sister has any write in any of the propery or not, if yes, can she sell her share or not.
Thanks
Rajni
From Canada, Summerside
ur query is personal but since ive also gone thru the above let me tell you.
Now there is one mother (ur mother in law) and three sons (one ur husband and two brothers) so total 4 people are there legal heirs. Ans since ur husband is now no more it is assumed his share will go to you and your son, (assume U = ur sister). if ur mother in law is alive,, then also ur sister will have share,,, if ur mother in law is dead then 3 brothers will get equal share. But for that first some legal procedures need to be completed. Your sister needs to get succession certificate and needs to ensure that in the property documents of the house and farming land ur husbands name is mentioned... then only ur sis can stake share.. else its india,, and anything can happen so if the inlwas of ur sister dont tell ur husbands name he will not get any share he = now ur sister..
From India, Pune
54Now there is one mother (ur mother in law) and three sons (one ur husband and two brothers) so total 4 people are there legal heirs. Ans since ur husband is now no more it is assumed his share will go to you and your son, (assume U = ur sister). if ur mother in law is alive,, then also ur sister will have share,,, if ur mother in law is dead then 3 brothers will get equal share. But for that first some legal procedures need to be completed. Your sister needs to get succession certificate and needs to ensure that in the property documents of the house and farming land ur husbands name is mentioned... then only ur sis can stake share.. else its india,, and anything can happen so if the inlwas of ur sister dont tell ur husbands name he will not get any share he = now ur sister..
From India, Pune
Hi ,
Ravi is right.. Your sister and her childrens are natural succssor to the ancestors property as equal share to the all descendents. Your sisters mother in law, brother in laws and sisters in laws will have equal share and from the respective share holding your sister's share her susband's share provided she did not marry second time outside family.
Her childrens will enjoy same share of your sisters share..if her mother in law expire her share will be equally divided and your sister will also eligible from her mother in laws share as natural succssor...
But there is trick of the trades....and hidden agenda in families to victmise so if they conspire to sale property your sister has to keep watch and claim her stake on property all the time until property has not been legally shared or under her costody and possession...
Badlu
From Saudi Arabia
Ravi is right.. Your sister and her childrens are natural succssor to the ancestors property as equal share to the all descendents. Your sisters mother in law, brother in laws and sisters in laws will have equal share and from the respective share holding your sister's share her susband's share provided she did not marry second time outside family.
Her childrens will enjoy same share of your sisters share..if her mother in law expire her share will be equally divided and your sister will also eligible from her mother in laws share as natural succssor...
But there is trick of the trades....and hidden agenda in families to victmise so if they conspire to sale property your sister has to keep watch and claim her stake on property all the time until property has not been legally shared or under her costody and possession...
Badlu
From Saudi Arabia
Dear Rajni,
There are laws of inheritance of property in India. For Hindus, the Hindu Succession Act, 1956 (Amendment Act, 2005) and/or Indian Succession Act, 1925 apply. For Muslims, some others, the inheritance laws are a bit different.
Take note of the following (a bit in legal parlance):
If she inherited it, was it a natural inheritance or by a WILL (testamentary succession) executed by its original owner (ie. the Testator). Otherwise, her ownership itself may be under question by a competent Court of law. If her late husband's WILL is challenged/disputed by her sons, the competent Court will decide the ownership of the property.
If there is no WILL made by the original owner, then the mother-in-law and both her sons have equal share on the property. If so, your sister can get her late husband's share. But if the property is undivided/not partitioned, then either all owners can partition it for each's share mutually or go to Court to decide on its proper partition before anyone can sell his/her share.
Presuming that your mother-in-law is the sole/legal owner, she can either bequeath it to her sons (presuming there are no daughters or further sons) who are the Class 1 heirs by making a WILL in their favour. She can give it to only one child or several children in different/same proportions as she likes.
Alternately, if she has not made a WILL she can make a WILL, a Living WILL or can even gift the property also during her lifetime if she wishes so without any coercion or pressure from interested parties. If she is the rightful owner of the property, no one can claim his/her share on it till she lives. Her WILL will only legally apply upon her demise.
If she does not make a WILL at all, then the property will go to both her sons (ie. Class 1 heirs) in equal proportion by law. Since your sister's husband are (were?) two brothers, both will get an equal share or it will be decided by their mother by a WILL made by her. Since your sister's husband has died, the share of his property will be inherited to your sister in case of no WILL (ie intestate succession). She can sell her share if her share of the property is clearly partitionable.
Next, your sister's husband's farming land. The question is who did it originally belong to. If it was the husband's father, did he give it legally to both brothers or to your sister's husband. How was it given - in writing following process of law or just verbally. Presuming that he was the legal owner, your sister and her children will own it now and can sell it at will.
In short, your sister can sell her share provided she has a clear title/ownership of her share of the property. The bigger question is whether her husband was the legal and righful owner of his share of the property and the farming land. If yes, your sister will inherit your husband's share of the property and the land and can sell them.
Rahul
From India, New Delhi
There are laws of inheritance of property in India. For Hindus, the Hindu Succession Act, 1956 (Amendment Act, 2005) and/or Indian Succession Act, 1925 apply. For Muslims, some others, the inheritance laws are a bit different.
Take note of the following (a bit in legal parlance):
- Inheritance devolves around all Class I heirs (lineal descendants) if the property has been left intestate in equal proportions by law.
- Inheritance devolves around the beneficiary/executor (if the executor is a beneficiary) of the WILL if a WILL had been made. The last WILL and Codicil executed by the Testator are valid, legally. Either the WILL (registered or unregistered) is accepted by all heirs or is disputed. If disputed, the case will go up for Probate proceedings in the appropriate competent Court and the genuiness of the WILL be decided in Court. Once done, the Court will award a succession certificate/letter of administration or an award/decree, as the case may be)
If she inherited it, was it a natural inheritance or by a WILL (testamentary succession) executed by its original owner (ie. the Testator). Otherwise, her ownership itself may be under question by a competent Court of law. If her late husband's WILL is challenged/disputed by her sons, the competent Court will decide the ownership of the property.
If there is no WILL made by the original owner, then the mother-in-law and both her sons have equal share on the property. If so, your sister can get her late husband's share. But if the property is undivided/not partitioned, then either all owners can partition it for each's share mutually or go to Court to decide on its proper partition before anyone can sell his/her share.
Presuming that your mother-in-law is the sole/legal owner, she can either bequeath it to her sons (presuming there are no daughters or further sons) who are the Class 1 heirs by making a WILL in their favour. She can give it to only one child or several children in different/same proportions as she likes.
Alternately, if she has not made a WILL she can make a WILL, a Living WILL or can even gift the property also during her lifetime if she wishes so without any coercion or pressure from interested parties. If she is the rightful owner of the property, no one can claim his/her share on it till she lives. Her WILL will only legally apply upon her demise.
If she does not make a WILL at all, then the property will go to both her sons (ie. Class 1 heirs) in equal proportion by law. Since your sister's husband are (were?) two brothers, both will get an equal share or it will be decided by their mother by a WILL made by her. Since your sister's husband has died, the share of his property will be inherited to your sister in case of no WILL (ie intestate succession). She can sell her share if her share of the property is clearly partitionable.
Next, your sister's husband's farming land. The question is who did it originally belong to. If it was the husband's father, did he give it legally to both brothers or to your sister's husband. How was it given - in writing following process of law or just verbally. Presuming that he was the legal owner, your sister and her children will own it now and can sell it at will.
In short, your sister can sell her share provided she has a clear title/ownership of her share of the property. The bigger question is whether her husband was the legal and righful owner of his share of the property and the farming land. If yes, your sister will inherit your husband's share of the property and the land and can sell them.
Rahul
From India, New Delhi
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