• Can daughter in law claim share in deceased father in law's property on behalf of her son?

If a man dies intestate and has a widow, son, daughter in law and grandson, can daughter in law claim right in property on behalf of grandson?
If son decides to transfer father's property to mother after father's death, can his wife object?
Asked 1 month ago in Property Law
Religion: Hindu

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24 Answers

Is it self acquired property of father in law 

 

on his demise intestate his wife son would inherit his self acquired property 

 

3) daughter in law cannot claim share in property on behalf of grandson 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

If his sin is living then daughter in law doesn't have any share in the property. 

Only if son dies intestate after his father only his wife inherits from him.

Therefore son can transfer his share to his mother or anyone he so chooses.

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

If son is alive than wife can't ask share in deceased father in law property share nor his grand son.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

Son can execute gift deed for his share of property in mother name 

 

wife cannot object to such gift deed 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

If son wants to transfer his share in father's property to mother, can his wife take an objection?

No.

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

No, his wife can't take action son has full rights to transfer his share as per his wish.

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

The property owner is reported to have died intestate.

In such a situation the property left behind by the decesed owner shall devolve equally on all his own legal heirs.

As per you, the legal heirs are his widow and son.

Therefore the property shall be equally shared by they two only.

The son's son or the grandson of the deceased has no rights over the property at least not during the lifetime of his father.

The son if wants to transfer his share in the property to his mother he can very well do so without taking anyone's consent or permission.

He can relinquish his rights in the property by executing a registered release deed in favor of his mother.

His wife has no rights to object this in any manner or even as per law.

 

 

T Kalaiselvan
Advocate, Vellore
69353 Answers
929 Consultations

5.0 on 5.0

The son if wants to transfer his share in the property to his mother he can very well do so without taking anyone's consent or permission.

He can relinquish his rights in the property by executing a registered release deed in favor of his mother.

His wife has no rights to object this in any manner or even as per law.

 

T Kalaiselvan
Advocate, Vellore
69353 Answers
929 Consultations

5.0 on 5.0

1. If it were to be a self acquired property of a male Hindu, who dies intestate, then the entitlement to the share in the property devolves equally to his mother ( if alive ), widowed wife and children. In the instant case to widow and son ( assuming that daughter-in-law is this son's wife ).

2. Daughter-in-law, on behalf of her son, cannot claim right over the property when her husband is alive. However if it were to be ancestral property, then only grand son will have right since birth.

3.  Wife cannot object for transfer of property of her father-in-law's, who died intestate, self acquired property to her mother-in-law.

4.  If son decides to transfer his share in the property to his mother, wife cannot object it legally.

Shashidhar S. Sastry
Advocate, Bangalore
3236 Answers
175 Consultations

5.0 on 5.0

In presence of son, the his  wife and children will not  have right.

You cannot file application on behalf of your child when your husband is alive.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

No, wife cannot raise objection.

S Srinivasa Prasad
Advocate, Hyderabad
2862 Answers
9 Consultations

5.0 on 5.0

No

Roshan Khatri
Advocate, LUCKNOW
138 Answers

Not rated

Daughter in law cannot claim the share untill the son is alive. 

Son can transfer his share to his mother. The wife cannot object.

Only the grandson can object to the same if his share is also transferred. 

Agam Sharma
Advocate, New Delhi
563 Answers
4 Consultations

5.0 on 5.0

Wife has no share in the property. She cannot demand any share.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

She may object to you personally. But legally she has no chance, no stand.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Yes she can only claim her husband share

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

The property devolves on the widow and son

Daughter in law and grandson are not legal heirs 

Wife cannot object if son wants to transfer his share to mother

Yusuf Rampurawala
Advocate, Mumbai
5763 Answers
35 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that wife can't object the decision of the son, however, she may claim the share on behalf of her son (if the son is minor). 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

First right is of mother. So the property will go to the mother. Wife of son cannot object 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

Wife has valid reasons to take objection if son wants to transfer his share in father's property to mother without the consent of his wife.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Wife cannot object.

On father intestate demise, his property will inherit in his wife and son only and son can transfer his share to mother.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

No, if her husband is alive then she cannot file suit to claim share from property of her father in law for her her son. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

She cannot claim share in property on behalf of grandson. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

consent not required from wife. she cannot object. 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

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