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SANJAY (MGR)     23 April 2014

Hindu family daughter share

Hello, I am asking on behalf of my wife. My wife has a younger brother who is also married now. Her parents are still alive. They had already given their ancestral property to their son, but nothing to their daughter. They had given 95% of their earned property to their son, but less than 5 % to their daughter (my wife). They said remaining property and their earnings would be given to their son only. As per my wife’s family rule, a boy is only eligible to get 95% share and for girl would be less than 5 % of their property. They (inlaws) warned my wife, if she goes to court for legal fight. They dare her to face consequences if she go to court. My wife is upset and wants to have justice. My wife’s mother had promised her few months back, that 50%-50% share would be given to her and her brother, but now both her parents say not even 1% would be given to my wife, because she is a girl. Now my wife is upset that she is a girl, if she had born as boy, she would had claimed 50% share. she is determined to go to court to get justice. Would anyone advice us what rights now my wife has to claim 50%-50% of her parents and as well as her ancestral property? Thanks .


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 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 April 2014

Your wife can claim her share in the ancestral property only. She can file a civil suit in the court to get her share.  However, if the parents are alive, nothing can be claimed from their self acquired property against their wishes. If they don't desire to give her equal share in their self acquired property for whatever reason they cannot be forced to do so.


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