Married daughter's share
Prasad N Patil
(Querist) 29 September 2014
This query is : Resolved
My Father-in-law expired without naming a heir to his property in Mumbai (03 chawls)& native place (03 acres of agricultural land).
Altogether there are 05 brothers & 04 sister (including my wife) & their mother.
What share my wife will get.
All the 05 brothers are planning to give some minimum sum.
Can my mother-in-law claim her ownership to all the property.
Isaac Gabriel
(Expert) 30 September 2014
All are having equal right.Brothers alone cannot share leaving apart the sisters.
Anirudh
(Expert) 30 September 2014
Whether anybody gets united or not the question. As rightly answered by Mr. Isaac Gabriel, all legal heirs (i.e. the widow, 5 sons and 4 daughters) are entitled for equal share both in immovable and movable (i.e. bank balance, FD etc.) left behind by the deceased person. In case the brothers try to deny the rightful share, your wife has to stake her claim for 1/10th share in the entire property or the equivalent monetary value of the same. Ask your wife not to sign any papers whatsoever.
M V Gupta
(Expert) 01 October 2014
This is what happens in most of the families. Brothers try to browbeat the sisters to give up their rightful share by offering to them a paltry amount. Most of the Sisters accept the offer in order not to antagonize the brothers and their families and preserve their relations with their family of birth. Any of the sisters can refuse to sign the deed and insist for heir rightful share as advised by the experts.
Isaac Gabriel
(Expert) 01 October 2014
@ M.V.Gupta
Our family custom honours the daughters at the time of marriage with hefty considerations,which the sons cannot question or object.In return,the sons prefer to get lions share as they remain and bear the responsibilities in the family.So the daughters are morally obliged to accept the benevolent offer.Claiming rightful share,though lawful,irks the brothers and end in confrontations.
dr g balakrishnan
(Expert) 01 October 2014
when a law is in place live by the law as girls and boys are equally born with equal incubation in mothers wombs and today no son except a very few look after parents and in fact daughters take care of their parents when so it is sensible law to equally partition the property.
sons get good education at the expense of daughters good education. i have seen son go for professional education while daughters are denied by the very parents themselves saying 'you are going to some one's house hold but my son is in my family and all BS' when son denies the self same parents then they are protected by daughters. i have seen some daughters take drastic decisions against their very husbands if very husband denies the daughters' request to accommodate their parents if rejected, they even go for separation too at the very risk for themselves. that kind is quality of mercy in daughter prevails while most sons say you better manage yourselves as we have our family as if parents are a burden. in fact i have come across several NRIs behave so with their parents, though that great parent sold everything to educate that so called son and sent abroad for education and jobs that is today environment sirs when so what is great you see in your sons! better go by law is my submission.. girls need not worry of brothers who behave unbrotherly today why girls cannot be unsisterly?
M V Gupta
(Expert) 04 October 2014
Of course all sons are not bad; many take care of their parents. As regards the gifts given to a daughter at the time of marriage the value of the same get reduced over time. Further daughters should have benefit of asset accretions in the family. To deny them their share in the accretions, I personally feel, is unjust and unfair.
dr g balakrishnan
(Expert) 04 October 2014
i did not mean all boys. but do u think girls are not as good child like sons! so one need to move with times as perceptions do undergo . in the past saptapadi had a meaning whether does it ? whether father in law treat daughter in law as daughter,so girl is likely treated badly and killed treated as shit where that poor girl go for her own safety if real father disowns her !
when you as father in law no more treat her as your daughter what is the meaning of marriage with Satapadi when the husband dates with other girls.
so no point at all equating as all all sons are good when the same boys ill treart their own wifes...
sorry no end. thanks
Anirudh
(Expert) 04 October 2014
People are forgetting what we have to answer is as law stands today and not as what ought to be! Anything which is not based on law as it exists is of no practical application or use.
T. Kalaiselvan, Advocate
(Expert) 05 October 2014
She is entitled to 1/9th share in the property, if she apprehends a fraud game being played by brothers, she may issue a notice for partitioning the property followed by partition suit.
M V Gupta
(Expert) 05 October 2014
I agree with Anirudh and Kalaiselvan. The other discussion is off the tangent.
dr g balakrishnan
(Expert) 07 October 2014
sec 6 Hindu sucession Act as amended 2005 would give right answer
Anirudh
(Expert) 07 October 2014
Mr. Kalaiselvan, it will be 1/10th (as mother is also alive).
Sec. 6 of HSA as amended in 2005 has no application at all in the present case.
