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Father-in-law died: Who inherits the property - Daughter or adopted son's wife?

Milind

Milind Vadjikar  |592 Answers  |Ask -

Insurance, Stocks, MF, PF Expert - Answered on Sep 16, 2024

Milind Vadjikar is an independent MF distributor registered with Association of Mutual Funds in India (AMFI) and a retirement financial planning advisor registered with Pension Fund Regulatory and Development Authority (PFRDA).
He has a mechanical engineering degree from Government Engineering College, Sambhajinagar, and an MBA in international business from the Symbiosis Institute of Business Management, Pune.
With over 16 years of experience in stock investments, and over six year experience in investment guidance and support, he believes that balanced asset allocation and goal-focused disciplined investing is the key to achieving investor goals.... more
Asked by Anonymous - Sep 01, 2024Hindi
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Hello , My father in law recently died. Mother in Law in alive. my wife is only daughter they have. But they had adopted one son of their father's brother from childhood. Now , Son's wife is claiming all their property, though properties are not legally transferred to anyone. Who will be original inheritors and what will be share of of daughter ? Regards, Anonymous What's law say on this case. Daughter

Ans: I presume that your FIL expired without making a valid will. In such case your MIL, her daughter i.e. your wife and their adopted son would have equal right in his property.

If your MIL makes a will/gift deed that her share of the property be given to her daughter, then your wife has 2/3rd share of the property. Rest 1/3 will go to the adopted son.

Some communities in India may have different inheritance laws.

Please consult a lawyer for further help.
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Sir I'm a legally adopted son , after my father passed away my uncle (my grandfathers brothers son) how came in place to take care of my mother grandmother and myself ,now he is claiming that the property is in his name according to the will written by my grandmother,with two witnesses (these witness are my uncle's friend) as to my mother's knowledge and mine my grandmother never would have done this , infact she told to my mother and myself to safeguard the properties and house before dying , how can we proceed further to get the property
Ans: Obtain a Copy of the Will

Visit the local Sub-Registrar's office to get a certified copy of the will. This will confirm if the will exists and if it's legally valid.
Consult a Legal Expert

Speak to a lawyer who specialises in property and inheritance law. They can guide you on the legality of the will and its validity.
Challenge the Will in Court

If you suspect foul play or believe the will is forged, you can challenge it in court. Your lawyer can help you file a case for probate or contest the will.
Gather Evidence

Collect any evidence that supports your claim, like statements from your grandmother or witnesses who knew her intentions.
Secure Other Documents

Ensure all other property documents are in your possession to prevent any further disputes.
Proceeding legally and with the help of a qualified lawyer will be essential in resolving this matter.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in

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