Re: daughters right in fathers property
Nachiket
(Querist) 30 January 2014
This query is : Resolved
Dear Sir/ Madam,
Will my wife will be able to claim the property right for the fathers self owned property which was actually purchased by her father by selling the ancestoral property of his wife (i.e mother of my wife)?
Does my wife posses any property rights in the property on the name of her mother which is the ancestoral property passed on to her mother.
M.Sheik Mohammed Ali
(Expert) 30 January 2014
if any will or settlement created or not ?
if not all the legal heirs having rights the mother property.
Rajendra K Goyal
(Expert) 30 January 2014
The property is self acquired by the father of your wife. He can sell, mortgage gift or will it. During his lifetime no other has any right on it. If he expires without a will your wife has a share in it.
ajay sethi
(Expert) 30 January 2014
agree with rajendra goyal . father can dispose his self acquired property as he pleases
Advocate. Arunagiri
(Expert) 30 January 2014
You are giving some facts mixed with your findings.
State the facts of the entire transactions, we can give you a suggestion.
prabhakar singh
(Expert) 30 January 2014
Agree with M/S M.Sheik Mohammed Ali & Rajendra K Goyal !
Both are right.
Kumar Doab
(Expert) 30 January 2014
Learned experts have given valuable advise. Kindly follow it.
The following is with limited understanding of the matter.
Kindly ignore it if the understanding of the matter is wrong.
You have posted that:
“Does my wife posses any property rights in the property on the name of her mother which is the ancestoral property passed on to her mother.”
It is not clear if the mother is Hindu, deceased or alive, and has given away property during her life time or not, and has left any WILL or not.
Assuming that if the Mother is Hindu, is not alive and has not given away property during her life time and has not left any WILL::::
As per Hindu Succession Laws ……………….“If the women has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters”
Therefore the daughter i.e. your wife has right in this property.
In such a case the daughter i.e. your wife may succeed to claim her share from her father.
It is reiterated that this post is with limited understanding and valuable advice of learned experts is sought.
T. Kalaiselvan, Advocate 
(Expert) 02 February 2014
I agree with expert Mr. Kumar Doab's opinion on the subject issue.As rightly pointed by him, assuming that the author's wife's mother was not alive and left her properties intestate, the properties will automatically devolve upon all her legal heirs, that way, the author's wife has a legitimate share in the intestate properties left behind by her mother. Subsequently, the author's father in law sold away his wife's intestate property and bought another property out of that money, if this was done without the consent of all other legal heirs of the deceased, it amounts to fraud and cheating etc., however, the author's wife has a right of share in the new property, if her father is not giving anything to her, she can file a partition suit claiming her due share in it.
