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Subrat (Service)     27 October 2008

Daughyter-in-Law's rights over Father-in-Law's property

Dear Sir/Madam,

Please reply back whether the Daughter-in-Law has the rights/claim over a self acquired property of Father-in-Law which was recorded in the name of the brother of the Father-in-Law after the death of  Father-in-Law and Son(Husband of Daughter-in-Law).

Kindly reply back.

Regards.

S.K.Chatterjee



Learning

 5 Replies

prof s c pratihar (medical practitioner &legal studies)     27 October 2008

only grand children   has the right i  think except any will done.

Apurva Kumar (Practicing Lawyer)     27 October 2008

 Yes Daughter in law does hv right but only thru his husband in case she become widow then she hv definetly a right in her in laws properties recently held in acase by S.C!


Regard


Hapy Deepawali!

Ajay kumar singh (Advocate)     28 October 2008

Under the given circumstance the daughter-in-law will get what her husband would get he were alive.

gadade shrikant ramchandra (Lawyering)     30 October 2008

Here you have to think two things property which is self acquired & ancestral. Secondly if  your are Hindu by religion & the question with regard to the persons you ask are also Hindu by religion. Now as far the daughter in law here being wife of the deceased son & her child are concerned get one share that of the predeceased son would have got out of the self acquired property of the father if such father died intestate i.e. without leaving any Will or testament regarding disposal of his such property. In your case the father in law died before this son who was the husband of this lady hence he should have taken his share before his death & that would have directly devolved to his widow & his child, but this never happened in this case. Now this lady & the child want to claim this share from such property of her father in law, right? There is nothing in the Hindu Succession Act, 1956 that prevents this daughter in law & her child to claim this share of the now deceased son of her deceased father in law now as they both are covered under the Heir of class (I) as per the Act. I know here the dispute is with regard to the term predeceased son & deceased son on the basis of which this daughter in law may be deprived of her & her child's share in such property, but this may not be taken seriously by the court as here she is asking her husband's share from this father in law's property which for some reasons her husband could not claim before his death, considering this fact & no provision in the Act that prevent any heir to claim his or her share in the property of the intestate person any time after such person's death so her claim will be allowed. As far the question about the share in the ancestral property is concerned it is her child (son or daughter) who by birth becomes one of the Coparcener can claim his or her share in such property by asking for partition of such ancestor property. As far her share in such property is concerned she is not included as a coparcener in the Hindu ancestral property, hence she don't get any share in this property.

I am a Student of LL.B 3rd year.

Subrat (Service)     31 October 2008

Dear Srikanth Ramachandra,


Thanks for your mail. I am giving the clear picture here again. Please reply back aftre studying the same.


1. We are Hindu by religion.


2. The property (self acquired) which was in father-in-law's name was  recorded in his brother's name who was under possesion of the land aftre the death of Father-in-Law and his Son(Husband of daughter-in-law).


3. Daughter-in-Law  had also no issue. She had adopted a son but the son was also dead.


4. Daughter-in-Law now filed a case against the brother of his father-in-law to give his father-in-law's self acquired property in her name.


Please recply back if any further clarification required. Study this case and give me a reply.


Thanks again.


S.K.Chatterjee


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