• Can daughter-in-law claim property

I have 3 sons, elder one is married. But no property in his name. Can my daughter in law claim property by using words to be inheritable. As in future elder son will also get share. What would be position if I execute will in name of other two sons debarring elder son from property. Is there still any chance of my daughter in law to claim property as per proposed law?
Asked 3 years ago in Property Law from Amritsar, Punjab
1) since it is your self acquired property none of your sons have any  share in said property during your lifetime . 

2) you can execute will in favour of 2 sons if you so desire . 

3) the will takes effect only on your death . your daughter in law cannot claim any share in your property
Ajay Sethi
Advocate, Mumbai
46822 Answers
2769 Consultations

5.0 on 5.0

1. If the property in question is your self acquired property then you are at liberty to sell, gift or will it to any one you desire. Nobody can question your right to deal with your property in the manner you deem appropriate.

2. If you make a will in favour of your two sons denying a share to your elder son then neither the elder son nor his wife will have any share in the property during his life time. However, the wives and children respectively of the two sons will get a share in the property after the life time of the sons. 

3. The wife of your elder son will not be able to lay a claim to the property unless and until you transfer the ownership to him.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. If your property is self acquired or otherwise no one can stake claim of any share in it during your life time.

2. You are certainly at liberty to make a WILL and make it favouring any one you desire the property to go to.

3. Neither your daughter in law nor your elder son can claim any rights as you are at total liberty to dispose of the property as you desire.

4. The daughter in law can in no way lay claim on your property in whatsoever manner.

5. Proposed law that gives 50% share in the husband's assets is one that will come into effect in matter of a divorce and as your son does not own any property in his name ,even if the law comes into force it would  not have any effect in your case.
S J Mathew
Advocate, Mumbai
2264 Answers
110 Consultations

5.0 on 5.0

1. If you are the absolute owner of the dsaid property, you can do whatever you wish to do legally with your said property without availing anybody's consent,

2. Your daughter in law of any other person ca not take any objection for your will or gift of your property.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

A. You have an absolute right over the property because of your self acquired property and the same can be dispose your two sons as you wish i.e. By execution of the Will or Gift.

B. Your daughter in law cannot claim over the property. And the said Will will be effected after the demise of yourself.

C. Incase you died intestate (Without a Will) then only the property will be enjoyed by the class I legal heirs. I.e, Wife, three sons as per the law of inheritance.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

If it is your self acquired property,you can transfer the property to your other two sons by whatever way you want,  but you can not deprive of the share in the ancestral property to your elder son and if your elder son predeceases your daughter in law, naturally she would be the class 1 legal heir of elder son's property.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations

4.4 on 5.0

if it is your self acquired property then you can give this property to any one either by will or gift. but you can't transfer ancestral property in the same manner which is above mentioned, because your sons have vested interest in that property and it can be transfer by you if there is any legal necessity. you daughter-n-law has no right to claim  partition of that property because she does not come under coparcenary.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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