My aunt, who was a widow, died intestate in 2014. At the time of death, she had a married daughter living separately and a widowed daughter-in-law living with her; the daughter-in-law's two sons were also living with her and the daughter has a son. Before my aunt died, she had legally gifted a site (self-earned property) to her daughter. She (aunt) had also built a house (self-earned property) for which the daughter had invested 50% of the cost and the daughter had also spent a big chunk of money to clear her mother's loans, hospital bills, etc. (but no tangible records are available to prove that). Now the daughter and daughter-in-law are in dispute to get a share of the house. They are yet to go to court but elders have failed to arrive at a compromise between the two. My question is: Is the daughter-in-law eligible for a larger share of the house just because my aunt has already gifted a site to her daughter?
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1) daughter in law is not eligible for larger share of the house just because aunt had already gifted site to her daughter
2) class 1 legal heirs have equal share in the house
3) daughter would have 50 per cent share . DIL and her children balance 50 per cent share
The position of law is that the properties left behind by a deceased shall devolve equally on all the legal heirs if the deceased is reported to have died intestate.
Thus the house property, if t\registered on both the names i.e., deceased aunt and her daughter, then your deceased aunt has 50% share in that property. Out of that her own daughter in the capacity of her daughter and legal heir shall be entitled to 50% share in the share of her mother in that property.
If that property was bought on your aunt's name alone, then this entire property shall be shared by her legal heirs, i.e., by her daughter and the legal heirs of her predeceased son, thus your aunt's daughter can have 50% hare in that house property.
The above is irrespective of the property already given as gift to the daughter by her mother earlier.
This has nothing to do with the share in the intestate property.
If no amicable solution is arrived then the solution can be had only through court of law by filing a partition suit.
