Property distribution between son and daughter

Sid Sid Sid (Querist) 15 March 2020 This query is : Resolved
My father in law has got 2 children. His son, who has got his own family (staying with him); and my wife who stays in Bangalore with me. He and his wife are leading a retired life in Pune. The relationship between us is very homely and they keep visiting us every now and then. Whereas, their relationship with their son and his family is not all that smooth, despite they staying together in the same house. He owns an apartment in Pune where he lives right now. Every now and then he keeps talking about giving out his property to his son, probably he has got a grandson there, despite his not so comfortable relationship with his son and family. While we have never spoken to him on the property distribution, but want to understand, what does the law say about the property distribution for a son and daughter? Legally, can my wife claim her share in her father's property? If yes, what are the ways to claim if it the will has already been created for the son.

Please advise.

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In India, a daughter generally has an equal right to her father's ancestral property as her son. However, for self-acquired property, the father has the right to decide how it's distributed, even favouring one child or gifting it to someone else during his lifetime. A daughter's claim to self-acquired property typically arises only after the father's death, and only if it's specified in his will or if he dies intestate (without a will).

SURESH BV, Advocate (Expert) 15 March 2020
Dear Sud,
If the Apartment or any property is a self acquired property, then your father in law has every right to dispose it off in the manner he likes. If it is ancestral property, then your wife, Who is the daughter to your father in law has equal right to that of her brother.

Rajendra K Goyal (Expert) 16 March 2020
You asked:
what does the law say about the property distribution for a son and daughter?
Reply:
One can give his self-acquired property to any person, even third person not related directly or indirectly. In case he expires intestate, the property would be inherited as per personal law.

You asked:
Legally, can my wife claim her share in her father's property?
Reply:
She has a claim if he expires intestate.

Rajendra K Goyal (Expert) 16 March 2020
You asked.
If yes, what are the ways to claim if it the will has already been created for the son.

Reply:
Your wife has no claim on the self-acquired property of her father if he has given it to his son till will is changed.

During life time a person can change his will as many time as he wish. If any share given to your wife in his latest / last will, your wife can have a claim in his property in that case.

During lifetime he can gift any share / full property to your wife / any other person.

SHIRISH PAWAR, 7738990900 (Expert) 16 March 2020
Dear querist,

Now the property under hindu succession act is distributed between son and daughter equally. But that all happen after death of your father in law. Now he is well competent to transfer the property in his son's name. Your wife's rights arises only after death of owner of property.

Regards,

Advocate M.Bhadra (Expert) 16 March 2020
It is presume that you are Hindu. During life time of father your wife or brother-in- law have not any property right. Now your father in law can transfer his property by way of gift to your brother- in- law, your wife can not claim.On the other hand he can transfer his property by way of gift to your wife then your brother-in-law can not claim. Having aforesaid your father-in- law can sell the property outsider also during his life time. In the event of death of your father-in- law and if he left his property in his own name without any WILL then your wife would claim only 1/3rd of her share.

T. Kalaiselvan, Advocate (Expert) 17 March 2020
Neither your wife nor her brother or anyone can claim a share in the property that is owned by your father in law as a right, at least not during his lifetime.
Your father in law can take any decision about his property whether to give it to his son or to his daughter or even to any charity institute or trust.
His decision cannot be challenged since it is his own and absolute property.
The relationship between your father in law and his son may be strained, but he cannot be stopped from transferring his property to his son, if that is his desire.
Thus till your father i law is living, your wife cannot claim any share in his property as a right.

Message likes : 1 times

Raj Kumar Makkad (Expert) 18 March 2020
I do endorse the advice of Advocate Bhadra and want nothing to add as experts have provided sufficient material to the author.

krishna mohan (Expert) 29 April 2020
Yes your father in law owns the title of property and not your wife or son.

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