1) on father in law demise mother in law had one fourth share in property
2) she can by will bequeath her one fourth share in property to whom sover she pleases
3) daughters have equal share in property of their deceased father if he died intestate
Inheritance of property in India
My mother-in law was a widow and is now deceased. She has two sons and a daughter, all married. She has left behind a will assigning 15% of part of the properties that were acquired by her husband during his life. Is that legal ? Is she entiled to equal share ? What are the daughters rites under the law in India
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
My wife was born April 25, 1956
Asked 8 years ago
It is not clear when your father in law died.
With the death of your father in law all his self acquired properties would be equally divided among his sons and daughter.
So your mother in law can give her share of her properties to anyone she chooses.
The proeprty of your mother left after devising the Will remains liable for inheritance in equal share among her sons and daughter.
1. The owner of a property can make a bequest in the manner he/she desires. There are no fetters on the right of a title holder to bequeath his property at his whims and fancies. If she has left a will the properties which are covered by it have now devolved in terms of the will, whereas the properties for which she has not made a bequest will devolve through succession on all her children.
2. The share of daughters is at par with that of sons under Hindu law.
1. After the demise of your father in law, intestate, your mother in law equally inherited 25% share of his properties along with her two sons and one daughter.
2. She has the right to bequeath 15% of her deceased husband's undivided share of the properties after which she will still retain 10% thereof.
3. Daughters have equal right on their parental properties as per prevailing law in India.
Your wife has equal right on the properties of her father if he has died intestate i.e. without executing a will.
Your deceased mother in law was a legal heir along with her children to her deceased husband who is reported to have died intestate.
Therefore she is entitled to an equal share along with other legal heirs of her deceased husband.
She can very well bequeath her undivided share in the property to anyone of her choice by a will testament .
The daughters of the deceased father in law are also entitled to an equal share in their father's properties.
My wife was born April 25, 1956
She was alive during her father's death when he died after the amendment to succession came into effect, hence she is also entitled o an equal share in her father's property.