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What is the share of daughters in ancestral property?


10-Feb-2023 (In Property Law)

Sub: property share to daughter We are Hindus from Tamilnadu. My mother -in law have 1 son and 1 daughter. Father -in law is expired. Mother- in law is alive. The house property is in my mother-in law name. My wife (daughter) also expired. We have 1 son age is 14 years. Now we can able to claim that house property for equal share (as a son-in law / Grandson ) or not? Who is having that right? What is the procedure? Kindly suggest your valuable guidelines to proceed further.

Answers (1)

Answer #1
892 votes
You have not mentioned that whether the property belonged to your father in law and whether he died intestate.
If answer is yes to above two positions, then how did your mother in law get the properties transferred/registered on her name alone after the intestate death of her husband?
However if the first question confirms the answer as 'yes', then your deceased wife was entitled to a share in the property of her father which automatically devolves on her own legal heirs, i.e., her children and husband. that way you can claim her share by partition.

If the above is not confirmed, i.e., if the property belonged to your mother in law alone, then nobody can claim a share in her property as a right. Your mother in law can dispose the property at her will to anyone of her choice and in any manner as per her desire.
Do not be misguided on some greedy people's wrong advice because the position of law has been properly explained.

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