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Narayan (Trainer)     26 December 2009

Prperty Right of Daughter if Father is al

I am married 5 years back... and I am asking this question on behalf of my wife .... We had love-marriage and from the D-Day my father in law is not accepting this marriage and always creats non-sense scenes.My wife has 2 younger brothers.... My father in law has 2 bunglows and farm about 12 Acre at his home town.... If my wife her share in this property,what will be her share?I came to know that total property is devided in two equal shares and then 1 part is given to brothers and other to sisters? If yes, how it is be done? Or for which property my wife can claim??



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 6 Replies

V. VASUDEVAN (LEGAL COUNSEL)     26 December 2009

 You need to clarify if the property is self acquired property of your father in law. If so, he has the right to transfer/dispose or bequeath the way he wants, including not giving any share to your wife.

vasudevan

Suchitra. S (Advocate)     26 December 2009

As advised by Vasudevan Sir, You have to first know whether property is ancestral or self acquired. If it is self aquired, then your father in law may give it to whmsoever he wishes to, and nobody has any right in it. If the property is ancestral, your wife has a share in it.

Adv Archana Deshmukh (Practicing Advocate)     26 December 2009

 In addition to what V Vasudevan and Suchitra mam said,  in case the property is ancestral,  then the property shall be divided into 4 equal shares,  one will go to your wife the other to your father in law and the other 2 shares shall go to her 2 brothers. And if it is the self acquired property of your father in law then the property shall devolve as per his wish.



 

Narayan (Trainer)     26 December 2009

Bunglows are self made but Farm is ancestral...... and plz let me know what to do if her father took decesion of not to give anything to my wife.........

Narayan (Trainer)     26 December 2009

Bunglows are self made but Farm is ancestral...... and plz let me know what to do if her father took decesion of not to give anything to my wife.........

Adv Archana Deshmukh (Practicing Advocate)     26 December 2009

 As far as the self acquired property is concerned, nothing can be done. In respect of the farm, even if your father in law decides not to give anything to your wife, she still can file a suit for partition and seperate possession in respect of her share.


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