Hi, As per law self acquired property is the absolute property of that person and on body has right to claim the share in respect of self acquired property including his wife and children's.
Self acquired property
My son and my daughter-in-law have separated in August 2006 and are living separately since then. They have one daughter who was born in January 2006. My daughter- in- law has filed many cases against me, my wife and my son. Finally, during the divorce proceedings in family court in Delhi, they decided to separate mutually. The First Motion was filed and accepted in October 2014 with complete settlement for all claims of her self and her daughter. My daughter-in-law has not come forward to sign the second motion till may 2016. My son has filed a Contempt of Court in Hon'ble Delhi High Court. From a reliable source we have learnt that she, through her daughter, is trying to file a case against my wife for a share in her self acquired property. My query is that can a grand daughter ask for share in her grand mother's self acquired property? Kindly enlighten me. Thanks Arun Seth
Asked 8 years ago in Property Law
Religion: Hindu
7 Answers
Can I request for some reference/judgement by the Hon'ble Supreme Court on the said subject. Thanks again
Asked 8 years ago
Is there any law under which the daughter from a divorced wife can claim a share in the self acquired property of her grand mother when her father and her grand mother are both alive?
Asked 8 years ago
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Asked 8 years ago
1) grand daughter cannot claim any share in self acquired property of grand mother
2) grand mother can during her lifetime sell , transfer property to whomsoever she pleases
3) she can also bequeath her property by will to whomsoever she pleases
daughter from a divorced wife cannot claim a share in the self acquired property of her grand mother when her father and her grand mother are both alive
1. There is no contempt as before the second motion either spouse is free to withdraw his/her consent. Your contempt petition will be dismissed for sure.
2. Under the present law a daughter-in-law or grandchild cannot claim any share in the property of her grandparents except if the property is proved as ancestral.
From a reliable source we have learnt that she, through her daughter, is trying to file a case against my wife for a share in her self acquired property.
My query is that can a grand daughter ask for share in her grand mother's self acquired property?
Your daughter in law has acted on a misguidance by some ill-informed rumor monger.
Not only your grand daughter, nobody can claim any share out of the property that belongs to your wife. She will be absolute owner of the property under married women's act and let the property be acquired by her in any manner. Therefore your grand daughter has no right in your wife's property,be free about it. Your daughter in law will be taught about the limitation to her ambition and greedy acts once this case will be rejected.
Can I request for some reference/judgement by the Hon'ble Supreme Court on the said subject
For the clear provisions of law you dont require any citation/judgement. You may ask your own lawyer to look for one because we dont supply them.
Is there any law under which the daughter from a divorced wife can claim a share in the self acquired property of her grand mother when her father and her grand mother are both alive?
There is no such law. The grand daughter cannot claim a share in her father's property itself during his life time and beyond her father is her grand mother so there is no such law entitling the grand daughter to seek any such claim