Legal Question in Real Estate Law in India
dear sirs,
My sister in law lost her husband 1 year back and having a son aged 8years..the deceased husbund has a landed proporty on his own name and the there are two houses to in-laws. the total no of sons for them are 2 including the deceased son. if she get remarriage, is there any problem in getting the property inherited to the son from his grand father,as the property is earned by him..ofcourse there are willing to give the share of the property to their grand son after their death..pl give suggestion...
2 Answers from Attorneys
at present, you hold equal share with regard to property as compared to ur in laws. you may even claim partition of the property now. however, even if you remarry, the son would certainly have a right over the property of his father but in case you leave the property, then getting the same back through court, takes time.
grand father may dispose of his self acquired property in any manner he likes by his WILL. If there is no WILL of grand father, 8 yr child will be entitled to his father share irrespective of the fact whether mother get remarried or not. However, child is any way entitled to share in his own father's property
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