• Daughter's right to mother's property which was inherited by mother

Hello , 
My wife has two brothers and a sister . My wife's mother was only children and had inherited property when her father (my wife's grandfather who bought the property ) died in 1970s. Now my mother in law wants to divide and distribute property equally with her two sons without giving any share to married daughters (at 40s) . Does daughters has any legal share to that property . 
Want your kind advice.
Regards
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

Yes she has equal share in the same 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) Need to check her father's property was inherited or self earned.

 

2) If self earned than no share in the property.

 

3) If inherited from his father than under ancestral property rules your wife has equal share in property.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

The property inherited by your mother in law from her father would be deemed as a self acquired property, and she is at complete freedom to dispose of the property anyway she pleases.

So, daughter has no share in such property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Any property possessed by a Hindu female is held by her as full owner thereof and not a limited owner.

So she can dispose  of the property as per her choice and preference during her life time.

In this case your wife does not have any legal right to the property unless her mother dies instaste.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Yes as Pradeep succession act daughter have equal right as the son in the property of ancestral nature you can claim the property share of your wife from the property of her grand parent through a partition suit

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

In life of mother no one has any right in her property she is absolute owner she can divide property on her will. In case of intestate death that is without will only the heirs has right. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is not ancestral property 

 

2) mother can execute will bequeathing property to only sins 

 

3) daughters woukd not have share in said property 

 

4) she can also gift property to her sons during her lifetime 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No, the daughter does not have any right on the property. 

Till her lifetime she may distribute the property as per her wish. 

In case, she passes away without a will then only she will have a right on the said property. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Your mother in law is sole owner of said inherited property. 

Your wife doesn't have any share, she cannot have rights to claim in said property. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your wife had right if mother expired intestate. In her life time she can give her property to any by her choice.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Daughters cannot claim any share in their mother's properties as a right, not at least during her lifetime.

The solution for this is to involve elders of the family and other well wishers to convince her mother to allot some share in the property to her daughters as well.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. It is the separate property of your mother-in-law as she had inherited it from her father. A separate property is at par with self acquired property. Hence, she is at liberty to alienate or bequeath it to anyone she desires. 

2. Nobody has any share in her property. 

3. If and only if she dies intestate then it will devolve through intestate succession on all her children including your wife.

 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been seeking answer with respect to the right of a married daughter in the property inherited by her mother through her father.
  2. Let me tell you that law of inheritance is applicable only on the Male descendent not on female.
  3. As she had received it from her father, it does not make the property as ancestral property for the children of her.
  4. This property would be treated as self acquired property of her and she has all right to give to anyone she wishes to, married or unmarried daughter or even son, no one can claim any right unless she dies intestate (without giving property to anyone and also without any Will).

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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