Daughters share in ancestral property
jagadish
(Querist) 16 February 2016
This query is : Resolved
my wife has 2 younger brothers aged 47 and 39. their father died in 1977 and mother in 2000. we married in April 1996. my inlaws have ancestral property. now my wifes name is there in RTC (land document) since her father died. now my query is whether she will get equal right in property as her brothers.
Deepak Nair
(Expert) 16 February 2016
After death of father, the widow and children gets equal share in the property. i.e. 1/4 share in your case.
Now since the mother is also passed away, all the 3 legal heirs have equal right on the property i.e. 1/3, as per Hindu Law of succession.
Rajendra K Goyal
(Expert) 16 February 2016
She is legal heir in the property of her father and would get equal share like other legal heirs.
Anirudh
(Expert) 16 February 2016
Dear Jagadish,
First you have to indicate to which state your father-in-law belongs.
Further, you also have to indicate (i) how (whether self-acquired or got from his father etc), when (in which year) your father-in-law got the property.
If your father-in-law got the property from his father, then in which year the father of your father-in-law got the property?
Without knowing the above details, it is not possible to say whether the property is Ancestral or not.
If the property is ancestral as stated by you (though to be verified) one cannot straight away say that your wife will get 1/3 share.
Therefore, give the above information, to get proper answer to your query.
jagadish
(Querist) 16 February 2016
Dear Anirudh, The property is surely ancestral as it has come from her grandfather and my father-in-law belongs to karnataka. I have a doubt about equal share for daughters because recently supreme court ruled that father should be alive till 2005 for daughters to get equla share as sons. please clarify
Kumar Doab
(Expert) 16 February 2016
She shall get share out of the share of mother.
She will get share of property in the name of mother.
You have heard of judgment by SC.
What is the opinion of your own lawyer that has examined all docs.
atul
(Expert) 17 February 2016
Yes, equal rights along with brothers
Anirudh
(Expert) 17 February 2016
Dear Mr. Jagadish,
Just because the property came from a grandfather, it will not make it ancestral. BUT I leave it to YOUR WISDOM.
I sincerely admit, I lack the guts of other EXPERTS here.
