• 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 5 years ago in Property Law
Religion: Hindu

4 answers received in 10 minutes.

Lawyers are available now to answer your questions.

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
99826 Answers
8148 Consultations

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
23655 Answers
537 Consultations

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
13008 Answers
267 Consultations

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

 

wife cannot object to such gift deed 

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

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

No.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

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

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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
90028 Answers
2497 Consultations

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
90028 Answers
2497 Consultations

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
5624 Answers
339 Consultations

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
2876 Answers
9 Consultations

No, wife cannot raise objection.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No

Roshan Khatri
Advocate, LUCKNOW
138 Answers

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
617 Answers
6 Consultations

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

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes she can only claim her husband share

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

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
7901 Answers
79 Consultations

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
7169 Answers
16 Consultations

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

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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
2541 Answers
8 Consultations

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
23083 Answers
31 Consultations

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
10686 Answers
7 Consultations

She cannot claim share in property on behalf of grandson. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

consent not required from wife. she cannot object. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer