Share of married daughter
Suhas Baburao Shiroshi
(Querist) 19 November 2009
This query is : Resolved
Dear sir/ Madam, We are jain hindu by religon.Got married in 1990. My wife had a grandfather who baught property in grandmothers name in 1975 who was house wife. After both passed away two daughters of grand father had their name on rights of record.Before demise of grand mother she adopted one son of one of her daughter, after demise of grand father. now my wifes mother wants to sell and encash the share in the property. What will be % of my wife s share in the property?
niranjan
(Expert) 19 November 2009
If son is adopted legally,then three shares,otherwise l/2share each, between two sisters.
Suhas Baburao Shiroshi
(Querist) 19 November 2009
I think you did not understood. My wife is daughter of one of the sisters.My wifes brother in law was adapted legally by her grandmother in 1980 after grandfathers demise in 1978.
Adv Archana Deshmukh
(Expert) 19 November 2009
Niranjan ji is right. If the adoption is legally valid then, the property will be shared amongst the 2 daughters and the son otherwise the 2 daughters shall share the property 50-50. Your wife do not have any share in her own capacity in the given circumstances. Your wife's mother can validly sell her share in the property.
Raj Kumar Makkad
(Expert) 19 November 2009
Your wife has no % of share in the proposed sale by her mother. There is no quarry about the allocation of the share of the grandfather/grandmother of your wife among his/her legal heirs.
You have no chance.
Dr. Jyothi Vishwanath
(Expert) 23 November 2009
if the adoption is legal, then the two daughters and the adopted son is entitled to 1/3rd share each. if adoption not legal, then two daughters entitled to 50% share each. in either case the woman are full owner of their shares under Section 14 of Hindu Succession Act, 1956. presently your wife has no right over her mother's share. she can sell it. but if she does not sell it now and dies without any will, your daughter will have a share.
