Rights of Daughter in law in father in laws property

841 votes

Under latest amendment of Hindu succession act in 2005 Daughters had been given equal right as son in fathers property intestate ,there is nothing about Daughter in law Rights ,in Father in law property neither under DV act of 2005 provides such right ,you can get your rights through your Husband not separately .This is as per apex court judgment in 2015 .

Advocate Rishi Kumar LawRato

821 votes

She has a very limited right in the father in law's business and property in HUF Joint family. she can only claim maintenance from her father in law only if the husband has no means to maintain the wife.

LawRato LawRato

768 votes

Nothing. Your have rights on the Properties owned by your husband. Daughter in law does not have any legal rights over the Properties owned by father in law considering the fact that husband is alive and owns Properties in his own name. In short wife has legal rights only on the Properties owned by her husband not in any other property.

Advocate Vijay Kumar Teotia LawRato

761 votes

The basic principle of Hindu law is
If property is self acquired, they can give it away to a stranger on the road or a charitable trust. Doesn't matter.

If it is your ancestral property, then your children take a share the moment they are born.

When you die without making a will (intestate), your property becomes ancestral for your children.

So, to answer your question, if it is your mother's father's father self acquired property, you cannot ask a share against his will. If he has dies intestate it becomes ancestral property and you will have an equal share with your brother and mother.

Succession for a Hindu male dying intestate is thus -

Children, wife and mother take the first equal share. So, if A dies intestate, his wife, daughter, son and mother, all will take 1/4th equal share in his property.

There are many many other complex rules but I am not going there for the purpose of this answer. After the amendment to Hindu law, daughters take an equal share in the property.

Lastly, if it is your mother's father self acquired property, you cannot ask for a share against his will, but if he has refused to support you, you can claim maintenance from him. Applies to both boys and girls.

Advocate Krupadanam Kola LawRato