Hindu succession act

ngopidhar (Querist) 29 May 2015 This query is : Resolved
my wife in the last 10 years of marriage,has been supporting my father-in-law by providing financial aid to him & her brother complete his education .as a result we are into financial problems.now i am insisting that my wife ask her father for share of his property to provide better feature to our children.my father in law in order to educate his son has taken lot of loans from outside at high rate of interest and for the loan taken from us he is not paying any interest.can my wife get any of his property,if so what shall we do to protect my wife's interest?

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Kumar Doab (Expert) 30 May 2015

If the property is self acquired then owner can give it away to anyone during his life time by way of WILL/Gift/Sale deed etc..........as it pleases to him.

If the owner dies without disposing the property and leaving a WILL the daughter shall have equal share.

If the property bis ancestral and not partitioned then daughter may have a share.

Rajendra K Goyal (Expert) 01 June 2015
On the self acquired property of your FIL, your wife has no claim till he is alive or dispose/ sell/ gift / assign / will during his life in favor of some other person.

T. Kalaiselvan, Advocate (Expert) 04 June 2015
There is no interest on the property by anyone if it was a self acquired property of your father in law other than him. If your wife wants to claim repayment of loan she can do it on the basis of evidences of the loan amount disbursed to her father. She can demand and also can file a money recovery suit and can also pray for attachment of the property before judgement. This action will strain their relationship for ever.

Biswanath Roy (Expert) 09 June 2015
Let your wife with sweet language and manner conquer the heart of your father-in-law so that he can voluntarily give a share of his property to your wife. When your wife accomodated his father with the fund in need she did it out of her love without anticipating anything in return.

Guest (Expert) 09 June 2015
You should know that the Hindu Succession Act applies only after death of the property owner.

So, forget for the time being by remembering the saying, "neki kar kuyein mein daal," as it all depends upon the sole discretion and sweet will of your fathr-in-law to give any share out of his property or not to his daughter during his life time. Otherwise, after his death she would be able to claim her share, provided that no will is made by him.

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