Claim in wife's property

suresh (Querist) 29 January 2015 This query is : Resolved
Dear all Experts,

My father in-law has got 3 acres ancestral land through his father. My Mother in-law has got 5 acres ancestral land through her father.

When my wife approched her parents for share they refused to give share.

My wife wants share in proerty, but she is not ready to file a partion suit against her parents.

Can I file partition suit against my in-laws to claim share in propery ?(As per my wife's and relative's advise-My wife told that she will give all possible support to win the Suit, but she will not involve in court proceedings)

Please advice

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Guest (Expert) 29 January 2015
First negotiate for amicable settlement.Presently you have no Right to file any suit except by your wife.Even if you file as Power of attorney you would find No reasons for it to justify the same.

ajay sethi (Expert) 29 January 2015
you have no locus standi in the matter . only your wife can file partition suit in respect of ancestral property . please clarify on what basis you say it is ancestral property

Rajendra K Goyal (Expert) 29 January 2015
Property acquired by the Hindu great grand father, which then passes undivided down the next three generations up to the present generation of great grand son/daughter is ancestral property.

If such is a case, your wife can file suit.

T. Kalaiselvan, Advocate (Expert) 02 February 2015
Fist of all understand the nature of property,only if it is really ancestral in nature, convince your wife to file partition suit against her father alone because the property in the hands of women will be considered as her own property in which your wife cannot claim a share.

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