My wife's name is in 7/12 utara along withe her brothers' names in her father's property,( not ancestor's property) till today the land is not yet sold.there are names of all brothers & only daughter ie my wife.if this property is to be sold toady, will my wife still have the equal share?father died in 1983 &mother died in 1995. This property is in Dist Thane Taluka Shahapur village Asangaon
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1) your wife will get equal share in sale proceeds in case the property belonging to her deceased father is sold
2) daughters have equal share in self acquired property of deceased father in case he dies intestate
3) further her name is reflected in 7/12 utara in revenue records along with her brothers on father demise
Your wife being one of the legal heirs to her deceased father, she is entitled to a legitimate share in her father's property as a right.
She can very well claim it or can file a partition image claiming her share and separate possession.
Hi, If the property is the self acquired property of your father-in-law and he has died without any "WILL" then your wife is also having equal share in the property.
yes, she has the right as per Hindu succession act 1956
1. this is self acquired property of her father so she is entitled to get equal share as her brothers in the property.
2. equal share of daughter is given by the amendment act of 2005 but it is applicable on ancestral property only.
3. above rule does not apply in respect of self acquired property so this is to be devolved upon all the legal heirs. daughter is also consider a legal heir hence she is entitled for equal share in the property.
If the father of your wife passed away intestate then the property devolved equally on all his children. The share of your wife is at par with that of her brothers, which she may cull out by filing a suit for partition.
