Child's right for dead father property?

962 votes

Yes you daughter has legal right in the property. If you are Hindu, then you and your daughter has right in the property belongs to your husband. You daughter has also right of every inherited property.

Advocate Safder Imam Md LawRato

906 votes

In your case the grandchild does have a right in property but you should not file for it right now and should seek maintenance from the in-laws. To advice on the matter i need to know if your marriage was an arrange one or love. Secondly, details of grandparents financial condition and your education and current financial status. Should consult for proper advice.

Advocate Ramaditya Tiwari LawRato

881 votes

Mam , your children would have a right in your husband self earned property . If there is no self acquired property then the children would have rights in the share of their fathers father property by virtue of sucession only if there is no will made by your father in law .

Advocate Samridhi Gupta LawRato

960 votes

Sections 8 to 13 of the Hindu Succession Act, 1956 lay down the general rules as to the order of succession when a Hindu male dies without a will.

Section 8 lays down as follows:
The property of a male Hindu dying without a will devolves to the son, daughter, widow, mother, son of a predeceased son, daughter of a predeceased son, son of a predeceased daughter, daughter of a predeceased daughter, widow of a predeceased son, son of a predeceased son of a predeceased son, daughter of a predeceased son of a predeceased son and widow of a predeceased son of a predeceased son. All these heirs inherit simultaneously.

Hence in you case, you and your daughter will inherit the property of your husband. As far as self acquired property of your father in law is concerned, it is complete discretion of him as to how to devolve his property.

You will get equal share in the ancestral property of your husband. Your share will be same to the extent that your husband would had if he were alive.

Advocate Vinay Vats LawRato

509 votes

yes, you and your daughter both are legal heir of the property in case of property self acquired by your husband or ancestral, apart from this your daughter is legal heir of the property which acquired by your father in law.

Advocate Ajeet Kumar Gupta LawRato