Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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rakesh   13 June 2018

does a son/daughter get share in property?

my friend's wife is threatening to take over property of husbands self acquired property by using the son as a weapon. she has disclosed time and again that she will use the son and his rights over the father's property to take ownership rights in husband's property

does a son or daughter have ownership right in father's property

same is with father in laws property, she says she will take over the property via grandsons rights, once in-laws are dead. how friend feasible are these points?

pls advise


 3 Replies

Raghav Arora   13 June 2018


A self acquired property can only be acquired by those in who's name the will is written and is not a perfect right of the son or daughter. So if you want your self acquired property to go to your son after you, only then  it will pass on to him. And once it is his, he will have the perfect right on the property and your wife can get it only when son wants so.

Same goes with the property of the In-Laws' self acquired property. If she can talk the son into disposing the property off in a way that is good for her, then yes, her idea is feasible otherwise you can even have your property used for charity after you without anyone interfering at all. Good Luck!

1 Like

rakesh   13 June 2018

thanks raghav, appreciate your reply, skit clearly means that neither the son or daughter, or the wife has a rightful share in self acquired property of father or husband, am i right?

Aman chawla (DELHI HIGH COURT ADVOCATE)     13 June 2018

No, Sir a wife can ask for resident right in her matrimonial home, the matrimonial home can be her father in laws property or can be her husband self-acquired property.

But yes she cannot claim a share in the property. 



Aman Chawla

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