Son in law died. How can daughter get share in the property?

985 votes

Your daughter should file a suit for partition of property of the property is joint family Property. If the property is the sole property of the Father in law then your daughter has no interest or share in the property.

Your daughter can only all for share in joint family Property of sole property of her husband. A certain legal opinion can only be formed after getting all information regarding the matter.

Please feel free to revert in case of further clarifications

LawRato LawRato

931 votes

The Hindu Succession Act,1956 provides that distribution of property of deceased Intestate Hindu male who dies without making any Will takes place between the heirs in Class 1 Schedule according to the following Rules:
Rule 1. The intestate's widow shall take one share.
Rule.2 The surviving sons and daughters and the mother of the intestate shall each take one share.
Hence, as per the provisions of the HSA, your daughter will be entitled to her share

Advocate Mishika Singh LawRato

648 votes

I am sorry to hear about your daughter's loss. As far as the family estate is concerned, she will not be able to stake claim to any ancestral property. As far as self acquired property is concerned, the share of her deceased husband would go to her and their children if any in equal measure. All of the self acquired property of her deceased husband would go to her being a Class I heir assuming they are Hindu by religion. Take into confidence an Advocate you trust as there are several factors to be considered. We are here to help you through this difficult time if you require our assistance.

Advocate Dhruv Banerji LawRato