right of daughter

Querist : Anonymous (Querist) 22 March 2011 This query is : Resolved
my father-in-law had a land,which he got from his father.my f-in-law sold that piece of agriculture land about 10 yrs back without any concent of my wife (his daughter)...we came to know about just 3-4 months back.now if my wife wants to become a farmer..can she..?,or can she ask for any money from her father which he got from selling the land...secondly, if my wife cann't or don't want to ask for her right to her father or to her brother can my daughter ask for...? or what is my daughter"s right in her maternal forfather's property. plz advice.

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adv. rajeev ( rajoo ) (Expert) 22 March 2011
your wife is the co-parcener of your FIL family she has got right in the share of her father and so your daughter has got share in the share of your wife.

R.Ramachandran (Expert) 22 March 2011
The mere fact that your father-in-law got the landed property from his father does not automatically make it 'ancestral property'. One has to know in what circumstances your father in law got the property - either by way of partition of the HUF, or partition of the ancestral property during the life time of his father, or by way of inheritence after the death of his father etc. etc.
Assuming that it is an ancestral property, you have not indicated as to (i) where the property is situated; (ii) whether your wife has any brother(s) or other sister(s) and whether they got any share and if not what is their stand and understanding etc. etc.
Only after knowing the complete history one can give an appropriate answer to your query. Otherwise not.

Ahmed Daud Girach (Expert) 22 March 2011
Incidence of inheritance takes place only after death of father.Before that no right is created.Primafacie land was in her fathers name and not in the joint name of father,mother,sons and daughters.So it seems daughter has no right at this juncture.Her right will arise only after his fathers death and on the properties available at the time of death.

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