Legal Question in Family Law in India
Property Will
My Father in Law's mother was allotted a property in Delhi after the partition, subsequently the lease deed was executed in her favour. She had two sons but made the will in favour of my father in law and the property was subsequently mutated in his name in authorities record. Conveyence deed was executed in my father in law's name after few years. Now my father in law has one son ( my husband) and two daughters ( my sister in laws - both married and have two kids each). My question is that whether the subject property to be considered as ancestral or self acquired and what are the ways in which the Property be subsequently transferred in my husband's name i.e through will or some other procedure. and what documentation will be involved for the same.
2 Answers from Attorneys
Re: Property Will
(a) the property is ancestral;
(b) your father in law was entitled only one half share; the other half will go to his brother;
(c) both your sisters in law have an equal share with your husband;
thus your husband's share comes to one sixth in the property;
no will or documentation may be sufficient to increase this share legally;
Re: Property Will
It is a self aquired property of your mother-in-law,so she had rightly bequethe in favour of your father-in-law.Will is the best way for transfer.
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