Shall I get share in my inlaws properties

817 votes

No, You have no right over your in-laws’ property. Whether it is their self acquired or ancestral property. Your husband and his sister,as stated, are their rightful Class-I legal heirs in case the parents dies intestate i.e., without any will. Then can also transfer or gift their property to any one according to their own free will. For any further assistance please feel free to contact.

Advocate Jia Kapur LawRato

597 votes

Under Hindu law, the property inherited by your father-in-law and mother-in-law from their parents is considered their self-acquired property unless it has been retained undivided for four generations, making it ancestral. If it is self-acquired property: Your father-in-law and mother-in-law have full rights to transfer or gift the property during their lifetime to anyone, including their daughter. You cannot claim any share in this property, nor can you legally stop them from executing a gift deed or transferring it. If it is ancestral property: If the property qualifies as ancestral (undivided for four generations), your husband may have a legal share in it as a coparcener by birth. If your in-laws attempt to transfer ancestral property through a gift deed, it can be legally challenged. You would need to file a suit claiming your husband’s right as a coparcener. After their death without a will: If your in-laws die intestate (without a will), their property will be distributed among their legal heirs as per the Hindu Succession Act. Legal heirs typically include their children (your husband and his siblings) and sometimes their spouse. As a wife, you have no direct claim to your in-laws' property, but you can claim through your husband’s share.

Advocate Rupal Dwivedi LawRato

801 votes

If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself. And if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato