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Can I claim my son's share in my FIL ancestral prpoerty?

Dear Experts,


As a legal guardian of my son , can I  claim share of my son in my father in Law ancestral property?



 3 Replies

Saurabh..V (Law Consultant)     28 May 2011

Are you the mother?


A guardian can always demand the share of a legal heir under Hindu Law. Also it is mandatory for the co-sharers to give legal share to the minor heir.





Parth Chandra (none)     30 May 2011

Hi Experts,

I have a doubt here.

Suppose Grandfather of a male or female child has received some property in inheritence and father of that child (male or female) doesn't want to avail that property.

1) Can grandfather sell such property against the wish of her DIL (mother of child and wife of child's father)?

2) Can grandfather make a will or otherwise transffer it to child's uncle or anyone else against wsh of DIL?

Thanks in anticipation but I guess this would be interiesting to know.


sumana (practice)     30 May 2011

Dear PC,

When the son is alive, then no question arise about the DIL as because the son is there. In the absence of the son the DIL steps to her husbands shoes and has a right in the family property. So if the son has waived his right to the property then the grand father can either make a will in favour of his other son or grandson or he can sell it accordingly. but if the property is ancestral then the entire propery will go to the other son if he is not selling it , as the first son has waived his right to the property.

I hope this make your doubt clear....

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