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Annie Seles (HR)     15 January 2021

Daughters rights on mothers property

To Honourable Lawyers , I have a doubt on the rights of daughter on mothers property. My Mother-in-Law have a property which is in her name and she wants to share to her 2 children's. Elder Son is my husband & younger daughter is my Sister-in-Law. My husband gave some amount for his sister's wedding. My MIL already told that she will give the property to his son. But now she wants to share that with her daughter. So my question is , Is there any chance of us getting the property or shall we claim the amount given for his sisters wedding? Is there any way for us to claim either the property or the amount. Please suggest. Thanks in Advance !!!


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 3 Replies

Kevin Moses Paul   15 January 2021

According to the situation that you've explained above let me enlighten you about certain acts and rules. Firstly, if the property you're talking about here is self purchased by your father-in-law, then your husband becomes the legal heir along with his respective siblings (among which the property shall be equally shared) according to the Hindu Succession Act,1956. However, if by any chance the owner or the person who purchased the property (i.e. you're father-in-law/mother-in-law) makes a legal 'Will' stating that the property shall be given to their daughter only, then your husband could be deprived from his right/share from this property. But, if the concerned/disputed property has been purchased by your husband's grandfather or ancestors, then it automatically becomes his ancestral property and in according to law, no one can deprive one's right/share from ancestral property. Thus, if it is your husband's ancestral property then he cannot be deprived of his right/share/interest from such a property, even if his parents don't will so. Here are some few case laws which are related to your query, please do check for a better understanding of the concept. 1.) HINDU WOMAN'S RIGHT IN ANCESTRAL PROPERTY - https://www.lawyersclubindia.com/articles/hindu-woman-s-right-in-ancestral-property-an-endless-saga-of-twists-and-turns-8771.asp 2.) RIGHT OF SON & GRANDSON IN PROPERTY - https://www.lawyersclubindia.com/forum/right-of-son-amp-grand-son-on-property-88769.asp 3.) RECENT CASE LAW OF 2020 REGARDING DAUGHTER-IN-LAW RIGHT IN MATRIMONIAL HOME - https://itatonline.org/digest/verdicts/satish-chander-ahuja-vs-sneha-ahuja-supreme-court/#:~:text=The%20Apex%20Courtin%20the%20case,a%20joint%20family%20property%20and
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Shashi Dhara   15 January 2021

Mother has right to dispose her property as per her wishes if it is her property but you cannot force her you can demand her the marriage expenses given by your husband but think before it.
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Annie Seles (HR)     18 January 2021

Thank You for your valuable reply. Yes it is my MIL's property which is earned by my father-in-law in the name of my MIL.

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