Sankar GT 19 November 2019

Can daughter in law claim a share in father in law's house

Dear Sir/Madam, I am here to seek some guidance on the below query.. Few years back my spouse had filed a case under 498a and DV act against me and my parents. The case is still in the family court. After multiple attempts of failed reconciliation, we received directive from the jurisdictional court to pay monthly maintenance though she is working, except the fact that our son is in her care. While we have been paying the regular maintenance, on every occasion of appearance in the court she demands a share in the house owned by my parents. The house was constructed by my father with his little savings and out of the retirement funds, which is why it is dear to all of us. For nature of our jobs, me and my brothers are staying away from the home town. Hence taking this as opportunity, she often sends their relatives to my home in the pretext of convincing my parents to give her a share by selling the house. Of late this has become a nightmare for my parents who are Senior & Super senior citizens. During discussion with our legal help, it was advised that a will or testament can be made expressing their wishes how their property is to be distributed. I am ready to relinquish my rights in the house (if any) so that my parents can peacefully live rest of their life. Is there anyway we can safeguard the home from any such attachment? Also, we don’t want any division in the property as my father has invested his blood, sweat and tears. However, people surrounding my family, scare my parents by saying that when my son will attain majority, she can claim a fair share of the property for him. Is this true? If yes, is there a way to legally refrain such instance. Pending decision of the court of law, is it possible to keep such claims at bay? Needless to mention here that there is no authenticity in the false claims reported in the FIR but it is difficult to prove our innocence until the pronouncement of the court. Thanks and regards

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12 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 19 November 2019

As the house is your father's own property, no one have rights over it. During his life time he can do as he wishes. Only after him, all the legal heirs incuding your mother also have equal rights. So your wife cannot claim. But it is better to avoid complications, your father may execute a Gift deed in favour of his choice or a Will. But Will come into operation only after him.

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Real Soul.... (LEGAL) 20 November 2019

It appears that your father is being harrased taking advantage of his old age. He is the absolute owner of the property and it is his wish to deal with that. Let him make a registered will deed for his property specifying the shares among all of legal share hoders.

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Prasad 20 November 2019

your father is the absolute Owner of the property as it is constructed with his own fund and he can give it to anybody he wants. Even his children has no rights now to ask their share. When yourself has no right, it will not transfer to your son. But suppose anything happens to your father and he did not leave a Will, as as a legal heir your right gets transferred to your son even if you are divorced. It is better to write a will in your mother's name now or as per your father's wish. There is no immediate danger to your father's property now.

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G.L.N. Prasad (Retired employee.) 20 November 2019

Your query states the following fact:

The house was constructed by my father with his little savings and out of the retirement funds, which is why it is dear to all of us. For nature of our jobs, me and my brothers are staying away from the home town.

If this is true, no one can claim any rights on his self acquired property, and he can deal with the property as he likes, as he is absolute owner.

Contact a local advocate and let him convince your parents.

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Kishor Mehta (CEO) 20 November 2019

The wife has ABSOLUTELY no legal claim over your father's self earned property. He can either gift it to you or bequeath it to you under his Will. As for the emotional harassment you can banish such people from approaching your parents.

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Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 20 November 2019

You, your mother and your siblings are class I heirs of your father. A daughter-in-law has no right whatsoever in the property of her father-in-law. Your son, along with other grandchildren of your father, if any, are class II heirs of your father. Class II heirs acquire rights only if the respective class I heir pre-deceases the testator. During the life-time of your father, the heirs cannot make a claim, whether the property was self-acquired or otherwise. Your father can write will bequeathing his property in favour of your mother. But after the death of your father, your mother may be too weak to resist intimidation.

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SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 21 November 2019

I agree with the learned collegues that Wife has no right to claim share in property at this stage, on behalf of your son also as long as you and your father are alive. After your father goes also only his sons including you , your Mother, n your Sisters and your brothers only shall be legal heirs having claim on his estate. But, the harrasment problem has to be tackled and put an end to it. Ask your Lawyer handling your Divorce case to file suitable petition before the Court to advise your Wife and/or her relatives not to enter the premises of your father's property or contact your parents in any manner whatsoever. Ensure the names of all the people who are coming and harassing your parents. Meanwhile and along with filing above petition, take some leave and stay with your parents for some time reassuring them and tackle peacefully the people who come to your parent's house. Once Court examines your petition, in all probability they may issue an order to all persons and your wife not to harass or even approach your parents, who are in no way connected to the on going dispute/case between you and your wife.

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Sankar GT 21 November 2019

Thanks for your time and valuable guidance Sir. Regards