Can any wife demand for husband's parents property

Survivor (Querist) 04 June 2012 This query is : Resolved
Hi Guys,

Please give some light on below:

Is there any provision through which any wife can demand for husband's Parents own property (property which is totally on Parents name).

second doubt is:

If they have a minor child (son), then is there any possibility that she can ask husband's Parents property on behalf of grandson.

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Kiran Kumar (Expert) 05 June 2012
wife is not having any right in ancestral property of his husband but the son of the husband is having right in the ancestral property.

the right will mature at appropriate stage...for further professional advice visit some local lawyer.

adv. rajeev ( rajoo ) (Expert) 05 June 2012
wife has no right ask share in the in laws self acquired property, but in the ancestral property, in her husband's share thru., her sons/daughters she can claim

Devajyoti Barman (Expert) 05 June 2012
Yes rightly advised above.
The claim on the ancestral property through the grandchild arises only when there is chance of misappropriation or illegal transfer of property.

Shonee Kapoor (Expert) 05 June 2012
Dear Friend,

As per the legal position:

No one has the right to ask for anything in anyone's self-acquired property as of now as long as the person is alive.

However, an amendment is proposed:

Whereby the wife gets 50% share in the husband's residential property and upto 50% share in rest of the property.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 05 June 2012
agree with experts

Sankaranarayanan (Expert) 05 June 2012
well said by mr kiran kumar, i do agree with his opinion.

Shashikant V. Patil (Expert) 05 June 2012
Ancestral property passes by way of succession. In this case, it is not even passes to husband so question does not arise, to claim by child and wife. Kindly refer Hindu Succession Act. Also as per Hindu Marriage Act , it provides absolute right to a woman on the property inherited through succession only from her husband.

Survivor (Querist) 06 June 2012
Thanks guys for your valuable suggestions.

Just want to clear one thing my Parents (Father and Mother) are alive and suppose if my Father makes a will to give this property to any one (even excludes me) therefore in this case can she or son (minor) can ask for their property?

Hope, this clarification may change some opinions.

ajay sethi (Expert) 06 June 2012
if father wants to bequeath his self acquired property it is his wish . you dont have right on said property

malipeddi jaggarao (Expert) 07 June 2012
Mr.Ajay rightly advised. When you do not have the right in the self-acquired property of your parents, where is the question of rights to your wife or your son? Your parents have full rights to bequeath their self-acquired property to anybody.

Survivor (Querist) 07 June 2012
Is there any citation or judgment which I can produce in the Court if this kind of demand comes.

Or, some other way to tackle this kind of situation