Married Daughter's right on the parental property

Raunit (Querist) 18 April 2011 This query is : Resolved
Hello,
This is my first query in this website.
My wife's father sold his DDA flat in Delhi for 16 lakh and gave all the proceeds to his son. My wife neither asked for the share nor they gave any. Does she had any right on that property or on its sales proceeds. Can she claim that share now.

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Srajadvo460 (Expert) 18 April 2011
Whether your wife has any right over the property or the sale proceeds will depend on whether the property is an ancestral property or self acquired property of her father. If it is an ancestral property then your wife can claim a share but if it is a self acquired property then he can dispose as per his wishes. This also depends on your personal laws for example it varies for Hindus and Muslims. For best opinion it needs more details.

Raj Kumar Makkad (Expert) 18 April 2011
I do agree with sraj.

R.Ramachandran (Expert) 18 April 2011
I feel that the chances of the DDA flat being 'ancestral property' is quite bleak. Therefore, in my view, it can only be the self-acquired personal property of your father-in-law. If it is his self-acquired property, then he has every right to do whatever that he likes to do with it. That being so, if he had given the entire sale proceeds to his son (without giving any penny to anybody else) he is perfectly within his rights and no one (including your wife, being his daughter) has any right to question the same.

Guest (Expert) 19 April 2011
I agree with Ramachandran.

Sarvesh Kumar Sharma Advocate (Expert) 19 April 2011
no,
no way!
nither her share nor she can claim!

adv. rajeev ( rajoo ) (Expert) 19 April 2011
If it is self acquired property of the father then she cannot question it and she doesn't have any share, but if it is ancestral then she can claim her share in the share of her father.

G. ARAVINTHAN (Expert) 19 April 2011
It the said property is self acquired one, her father can do what ever he want. If it is self acquired one, the same can be questioned by your wife for her share

Abhishek Marvi (Expert) 19 April 2011
agree with sraj

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