Rights of daughter in law in father in laws property

Hi sir/Madam  My mother can claim my grandfather properties r not? If we she can able to claim may I know the court fee? Property is 3 acres agriculture farm, 3 house plots, 3 acres agriculture farm cost is around 15 lakhs, 3 house plots cost is around 50 lakhs. May I know the exactly court fee??

Answers (1)

278 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.

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