PArtition claim by daughter in law
Chetan
(Querist) 21 August 2010
This query is : Resolved
Whether the daughter in law can claim share of her husband in ancestral property of her father in law to the DEVAR (brother –n law ) when her husband and her father in law is dead ?
Pls provide provision and case laws
What is the limitation for claiming share
Gulshan Tanwar
(Expert) 21 August 2010
Read Limitation Act for your query
sovedita roy
(Expert) 22 August 2010
yes, daughter in law can claim share of her husband's ancestral property as she is the legal successor of her husband . According to the presumption of hindu law, in succession of property -is by birth and in case of death of a successor ,his right devolved upon his successor and wife comes under class-1 of the schedule of distribution of property in accordance to Hindu Succession Acts,1956.
If there is no prior partition between the brother in law and the late father in law and late husband than question of limitation dose not rise and if their is a partition then the share of late husband devolved upon her wife (daughter in law).
R.Ranganathan
(Expert) 23 August 2010
Yes. daughter in law has right to claim share of her husband.
