Your wife has no share in self acquired property of her parents during their lifetime
2) only if parents die intestate Would she have equal share in their property
Rights in property
Respected Advocates, Is my wife have a legal rights to demand share in property of her parents, in event, her parents are acting partial and decided to participate entire property to my wife's siblings? What is a legal ways to claim her share from her parents property without any disputes... Request your advice on the same... Regards, Venkateshkumar ([deleted])
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1. Children have no right on their parents properties during their life times.
2. So, your wife can not lay any claim on her parent's properties if they are alive and want to gift/will/settle the property in favour of your wife's siblings duly depriving her.
3. In case of demise of her parents, intestate, your wife can claim her share of their properties as their legal heirs.
1. now daughter is coparcener just like a son hence she has share in the ancestral property as well as in self acquired property (if father has died) of father.
2. you should file a civil suit before the local civil court for injunction against father to prevent him to transfer ancestral property to his son only and partition of ancestral property.
1. in your case stay order (injunction order) is necessary because in the mean time he can transfer property to his son.
2. injunction order can be granted at the time of presentment of plaint to secure property till the order of the court. hence her father cannot divide his ancestral property.
Neither your wife not her siblings or her mother can claim any share out of her father's property during his lifetime.
If his father died intestate then she would be having rights in it.
She can claim a legitimate share in it.
