Hindu inheritance

kkkavya (Querist) 11 July 2014 This query is : Resolved
hello sir/madam,

Requesting your kind help for my following query.

I'm a hindu from bangalore. My query is my mother in law has inherited property from her father. my mother in law has only 1 sister no brothers. My mother in law and her sister have entered into a parition in 2008 in respect of the property. now is this property self aquired ??? someone told me that if a female hindu aquires property even if its from the father its self aquired is that true??? what will the rights of my husband and his sister be???

Thanking you.

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ajay sethi (Expert) 11 July 2014
i presume it is self acquired property of the grand father . on his death your mother in law and your aunt are absolute owners of the property . your husband and his sister have no rights on the said property . it is only if his mother dies intestate would the property be inherited by children

kkkavya (Querist) 11 July 2014
thank you sir.
But it is the ancestral property of the grand father. My sister in law is approaching the court for her share in the property but my mother in law wants to make a will in favour of her grandchildren. Can my mother in law do so. ??

H.M.Patnaik (Expert) 11 July 2014
Very well answered.

H.M.Patnaik (Expert) 11 July 2014
She is free to make a will in favour of her grand children during her lifetime.

Guest (Expert) 11 July 2014
Well advised.

Rajendra K Goyal (Expert) 11 July 2014
Well advised, agree with the expert.

Anirudh (Expert) 11 July 2014
Dear Kavya,

Even though it was inherited from her father, the property in your mother-in-law's hand is her personal property. She is the absolute legal owner of the same. NOBODY (Your sister-in-law, your husband etc.) HAS ANY RIGHT OVER THE SAID PROPERTY. Therefore your sister-in-law cannot make any claim. Even by approaching the Court, she cannot succeed.

Your mother in law can make a Will. PLEASE HAVE THE WILL PROPERLY DRAFTED, EXECUTED AND ATTESTED BY TWO WITNESSES. ALSO GET THE WILL REGISTERED (though it is not compulsory, but getting it REGISTERED is advisable as it will be a good evidence in future in case anybody challenges it.)

Raj Kumar Makkad (Expert) 12 July 2014
I do agree with the opinion of Anirudh.

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