Granddaughters rights to property

Madam,

Once the decree of divorce is final, the divorced wife and the children forfeit their respective rights in any and all of the husband's property.

The property settlement has to be arrived at before the divorce decree is final. Any part or portion in the  ownership flat has to be demanded and settled before the divorce.

Good Luck,

Kishor Mehta

Right of your daughter will always remain in the ancestral property. No comments on gold or whatever, however you always can claim share in the property jointly taken with your husband.

Whether post divorce or living together, your daughter or son are entitled to a legitimate share or right in the share of the property of their father as a coparcener provided the property is ancestral in nature.  How do you say that the property is ancestral?  However the property, if ancestral and your husband has been allotted with a share in it, your daughter or children can claim a share out your husband's share of property alone and not beyond that. About the jewels given to you at the time of marriage by either side will be your own property namely streedhan. You can claim it, if your MIL is refusing, you may lodge a complaint with the police u/s 406 IPC against her. As far as the co-owned flat, if you both are the joint owners, you have a right of 50% share in it, you may choose to partition it.

Under Women's Property Rights Act, 1956, any property that comes into the possession of a woman by way of gift, Sreedhan, will etc., will be deemed as Self earned Property. So a woman has the right on that jewllery that she received always.

As far property rights, though the divorced wife may not have any rights, children born earlier out of the wed lock always have the right. It is interesting that some courts have even held that even illegitimate children have the rights on ancestral properies.