SPRakesh SP (others) 10 September 2013

Wife's legal right in husband's Inherited property ?

Hello,

My sister is married since 1999, and is living peacefully with her husband and two kids (both minors).

Her husband had some property inherited from his father before the marriage. But after the marriage, (circa 2002), he sold his entire share of the inherited property to his brother, without taking the consent of my sister (i.e. his wife).

So, I have two questions -

1) While the husband is still alive (and not divorced), does the wife have any rights over his inherited property ?

2) Also, is it possible that she could file a case or petition to the court now, asking to nullify this sale deed of her husband and get at least her share of property back ?

I kindly request you all to throw some light and help me and my sister in this...

Thanks and Regards,

Raj

Reply Follow

2 Replies

Tajobsindia (Senior Partner ) 11 September 2013

1. Your sister has no share in her husband’s inherited property nor can seek any share in its sale.

2. The property inherited by her husband from his grandfather became his self acquired property, the grand sons/daughters (minors) have no right to inherit the property of the grandfather under the Hindu Succession Act, 1956 if their father (i.e. your sister's husband) is alive.