What may be my future?
UDAYA KUMAR
(Querist) 06 September 2012
This query is : Resolved
My daughter took intercaste marriage. If my daughter dies is there share to son-in-law in my self earned and ancestral properties?
R.K Nanda
(Expert) 06 September 2012
No, he has no share in both the properties.
prabhakar singh
(Expert) 06 September 2012
SORRY! INTER-CASTE MARRIAGE DOES NOT COME AS BAR TO INHERITANCE. ANY THING IN WHICH SHE HAS RIGHT SHALL DEVOLVE ON HER HUSBAND AND HER OTHER LEGAL HEIRS IF SHE DIES INTESTATE.
V R SHROFF
(Expert) 06 September 2012
I agree with views of Shri Prabhakarji.
Son in law inherits all rights of his deceased wife.
Intercaste marriage do not come in his way to get her rights.
Guest
(Expert) 07 September 2012
I agree with Mr.Nanda, and dissent with Mr.Prabhakar SIngh and Mr.Shroff.
The question of the querist is relating to the succession of his self earned property and the ancestral property, and not the property, if any, of his daughter. So I answer it in the following terms.
Your self earned property will devolve either by a will, or intestate succession among your Class 1 legal heirs. While it is true that inter-caste marriage does not operate as a bar to succession, it needs to be borne in mind that son-in-law is not a legal heir to the property of the father-in-law.
It, therefore, follows that your son-in-law cannot succeed to your self earned property and your share in the ancestral property.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Guest
(Expert) 07 September 2012
Not during your life time.
Sudhir Kumar, Advocate
(Expert) 07 September 2012
dear Devassar the querisst never said that he has made any will excluding his daughter from property. Unless he does so daughter is claimant of her share and if she predeceased then husband is claimant of wife's property.
He will beon a stroger footing if he has a child before daughter dies.
Guest
(Expert) 08 September 2012
dear Sidhur
"Your self earned property will devolve either by a will, or intestate succession among your Class 1 legal heirs."
Your answer is encompassed within the above.
