Kihbb 28 July 2022

Indian succession act

If the father dies depriving his wife and daughter of the two flats purchased with his own income and registering them in the name of the son, will the wife get back her rights under the Indian Succession Act? If she can, then how?

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Quick Summary

This discussion addresses whether a wife can reclaim flats transferred by her deceased husband to their son, despite being self-acquired property. While the husband generally has the right to bequeath self-acquired assets as he wishes, daughters may have a claim to a share in their father's self-acquired property, irrespective of their marital status. The specific rights can also depend on the religious act under which the marriage was registered.

3 Replies

Shashi Dhara 28 July 2022

She can file maintenance against her son only.

Advocate Bhartesh goyal (advocate) 28 July 2022

No, Since properties were husband's self acquired properties so he had every right to transfer the properties to anyone as per his wish. Wife can't claim any right/share over husband's such properties.

Mahi Manchanda 28 July 2022

Hi,

Rights of wife in the property depends on the religious act under which the marriage is registered. However, the daughters have a right to share in the father's self acquired property, irrespective of their marital status.

I hope this helps.

Have a good day!