Can son and daughter-in-law claim share in ancestral property

893 votes

Father can seek declaration and injunction by filing suit by proving disowing of his son and daughter in law subject to facts and circumstances as may be available on discussion. Is there any other son and daughter?

Advocate S P Srivastava LawRato

629 votes

The daughter in law cannot claim any share in the ancestral property of her father in law. She gets a share only through her husband. Being ancestral property the son has a share in the property and is a coparcener. It is not clear as to how the father disowned his son (any declaration/publication). Kindly contact with all facts.

Advocate Ekta Mehta LawRato

621 votes

Property inherited by way of a Will, or through Succession, is self acquired property in the hands of the person so inheriting. He/ She can deal with the property as an absolute owner and can certainly restrain all others (including his children / grand-children of the original owner) from entering the property. Appropriate civil / criminal action for such purpose can be initiated. The situation would however be different had the grandfather constituted an HUF out of the property / if an HUF existed qua the property, which includes the grandchildren as co-parceners. If there was no HUF, then Father is the absolute owner of the property and there is no interest in favour of the grandchildren.

Advocate Samar Singh Kachwaha LawRato

572 votes

Yes the desired case can be filed in the civil court of the concerned district where in the court can pass restraining orders by virtue of which the desired results can be achieved I.e. keeping son and daughter in law away from the estate.

Advocate Harshit Jain LawRato

583 votes

As you mentioned that the property was self acquired by your grandfather, and acquired through will by your father, you shall have no right on the property unless your father gives the said property to you way of Will or Gift deed.

Advocate Ridhi Kackar LawRato