Thank you for your responses. I have a follow up question below. Background - If I (only son) pass before my parents, can my wife claim the ancestral property of my parents (her in-laws)? I have no children. If my parents create a will to give the ancestral property to someone else (their siblings) and make a note in the will that no property will be passed on to my wife, can my wife still challenge the will and claim the ancestral property that would have come to me (had I been alive)? I have heard that wills can be challenged for ancestral property issues, not sure if it is true. Additionally, if I create a will to give the ancestral property not yet inherited by me to my parent's siblings and their children and make a note in the will that nothing should go to my wife, will this prevent my wife from laying claim to my parent's (her in-laws') ancestral property upon their demise? Please let me know. Thank you again for your guidance.
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Kindly clarify on what basis you say it is ancestral property
2) property which has remained undivided for four generations is ancestral property
3) Wife is entitled to get a share out of the share of her husband’s property, but she has no right to claim partition. She gets her share as class I legal heir when the partition of the ancestral property is affected.
4) wife can challenge the will
Only coparceners are entitled to share in ancestral property as wife is not a coparcener she is not entitled to any share. But after death of her husband, she has right over husband’s share in the ancestral property. But husband can exclude her from property by execution of will or transferring property during his life.
1. Yes she can claim your share out of the property left behind by them.
2. Your father cannot dispose entire ancestral property by will or gift deed, she would be entitled to your share in the ancestral property.
3. No, in that case she will not be entitled to any share.
You can only give your share in will thara it not the entire property
- As per the Section 8 of the Hindu Succession Act, properties of a childless male Hindu dying without a will vest with his parents.
- Hence , after your demise , she cannot claim any right over her in-laws property being a childless woman.
Dear Client,
Since it is an ancestral property you will have claim on that. And after your death your wife can claim the same. To safeguard your property you can also make a will.
