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Subrat (Service)     21 October 2008

Daughter-in-Law's rights over self acquired properties of Father-in-Law

Daughter-in-Law's rights over self acquired properties of  Father-in-Law if Father-in-Law is dead.

Pls reply back.

S.K.Chatterjee

 



Learning

 11 Replies

Ajay kumar singh (Advocate)     21 October 2008

There is no question of any right of the daughter-in-law during the lifetime of the father-in-law. Even after his death the son will have the right to succeed/inherit but not the daughter-in-law.

Sankaranarayanan (Advocate)     21 October 2008

no way she is entitiled the property.

shailendra 09709516844 (student)     21 October 2008

Mr. Ajay and Mr. Sankar , both are right but an issueless widow can inheritate her father in law's property after his lifetime.

shailendra 09709516844 (student)     21 October 2008

Mr. Ajay and Mr. Sankar , both are right but an issueless widow can inheritate her father in law's property after his lifetime.

Sushil Kumar Bhatia (Advocate)     21 October 2008

The daughter in law has no right in her father in law's property under hindu sucession act ,as such, she can not claim a title of ownership in the  property left by her father in law.

SHEKHAR MISHRA (public servant)     21 October 2008

she   has  no  right    to    ownership.

prof s c pratihar (medical practitioner &legal studies)     21 October 2008

as told by all correct. pls go through the latest law commission report submitted for some change.it is not known to me whether she is included for her entitlement sr members may kindly enlight pls.

K.C.Suresh (Advocate)     21 October 2008

We all go after Prof for the latesy law commission report in the net. Till then Chtterji please stay on line.

Kiran Kumar (Lawyer)     21 October 2008

one thing must be noticed that recently the SC says daughter in law can not claim separate accomdation as a matter of right under the DV act from her in laws.


it will be an interesting debate to assess what r the rights and liabilities of daughter in law in her in laws properties, when her husband and her issues are fully entitled.


another query whether she can claim on both sides i.e. from her parents and from her in laws also....what will be the fate if her parents have no such immovable property?

Subrat (Service)     21 October 2008

Case Study


=========


1. Father-in-Law (X) has some ancestral property as well as self acquired property.


2. (X) has no issue and he adopted a son (Y).


3. Son (Y) is absconded or dead.


4. (Z) is the Daughter-in-Law and wife of (Y).


5. Again (Y) and (Z) has no issue and they have adopted anotther Son(P),


6. (P) is dead now.


7. Now Daughter -in-Law (Z) has taken possession all ancestral property of Father-in-Law(X). All the properties are in the name of Father-in-Law(X) only till date.


8. When (X) was dead some of his self acquired property came to his brother's name (Q) during settlement around 30 years ago.


9. Now Daughter-in-Law (Z) is claiming to take possesion of  self acquired property of  his Father-in-Law(X) which is now under possesion of  his brother(Q).


10. Is it legally possible that Daughter-in-Law (Z) can now claim the self acquired property of his Father-in-Law(X) whihc is already in the name of his brother(Q) and valid ROR in his name of (Q) since last 30 years. 


Please reply back and if possibloe pls provide any judgement of Supreme Court so that we can refer into it in Supremecourt site.


Regards.


S.K.Chatterjee


 

Subrat (Service)     22 October 2008

Dear Sir,


Please refer my case study that was posted here. If Son is dead and the self acquired property is not tarnsfered during the life time of  Father-in- or Son , whether the Daughter-in-Law can claim the self acquired property of Father-in-Law ??? Please provide citations / case no. /judgement of Supreme Court/Any Highh Court in this mattter.


Regards.


S.K.Chatterjee


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