• Right to the property

My father in law died in 1988 he had  sons and  daughters he died intestate ie without any will  no partition has been done so far
 i got married to my wife in may 1977
my mother in law died in 2009 my one brother in law is having his business in mumbai one was in teachinh profession and yongest one is looking after afarming my wife demanded for her 1/5th of share in the ancestaeral property and filed a case in court in 2012 the broithers plead that it being property of HUF she has no right of equal share and and can get her share as per mitakshara
what is the law? wmy wife had brain tumor and post operation in 008 she is paralytic and bedridden and i have spent my entire savings on her treatment till now will she get 1/5 share
Asked 2 years ago in Property Law from NAGPUR, Maharashtra
Religion: Hindu
On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property (being property not partitioned or alienated) of their fathers. Historically, the Hindu Succession Act, 1956 (HSA), did not confer any rights on a daughter to the ancestral property of her father. The Amendment Act fuelled a debate on whether a daughter's right in coparcenary property was available even prior to commencement of the Amendment Act, i.e. were the rights granted to daughters in the coparcenary property retrospective in their application? The debate on retrospective application of the Amendment Act has now been put to rest by the recent pronouncement of the Supreme Court (SC) in the case of Prakash & Ors v. Phulavati & Ors, rendered on 16 October 2015. SC, in its judgment, has held that the property rights of daughters are prospective in their application, i.e., to be available only if both the father and the daughter are alive on the date of commencement of the Amendment Act (i.e., 9 September 2005).

She can get here share in the property that has been purchased by her father and not otherwise.

Thanks and regards
Anilesh Tewari
Advocate, New Delhi
9317 Answers
121 Consultations

5.0 on 5.0

This is not an ancestral property.Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. This is only self acquired property of your father in law.

After the death of father in law all his legal heirs become the absolute owners of the property. After the death of mother in law in 2009 her share also distributed among her legal heirs (among her children s).
Ajay N S
Advocate, Ernakulam
2821 Answers
47 Consultations

5.0 on 5.0

1) is it self acquired property of her father . if so on father demise your wife will get equal share in the property 

2) if on other it is ancestral property your wife will not get any share as her father died before 2005
Ajay Sethi
Advocate, Mumbai
46766 Answers
2767 Consultations

5.0 on 5.0

On what basis do you call it HUF property? The share of daughters is at par with that of sons in the HUF property, which she can cull out by filing a suit for partition in the civil court against the remaining heirs. 
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

Your wife shall be entitled to an equal share out of her father's share in the property if it was a HUF property.
But the proof of HUF has to be produced to the satisfaction of court by the person claiming it. 
If it was self acquired property of your father in law then she will be entitled to outright share equal to that of her brothers'.
As per law she is not entitled to coparcenary rights since yor father in law died even before the amendment came into effect in the year 2005. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

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