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SHASHIDHAR A (Sr.Manager - HR)     29 February 2016

Married woman property rights

Respected Sirs, I am seeking your help on behalf of my friend. My friend's spouse is only daughter to his father. To be specific, she is the only child to her father. She has a step mother. Her father has ancestor's property in Mysore and self acquired property in B.Lore. Now her father is thinking to give both ancestor's property as well as self-acquired property to his wife. To my friend's wife step mother. We want to know, can she claim any share from her father's property as per The Hindu Succession Act, 1956 or under any other Act. Kindly advice. Thankyou Shashidhar A


 5 Replies

binay (advocate)     29 February 2016

So far as the self acquired properties are concerned he has the right to dispose off it as per his own will, but he cannot dispos off the ancestral property without getting consent from you and your step mother. In ancestral property your wife along with her step mother both have shares

Adv. Yogen Kakade (+ 91 9225510883)     29 February 2016

As the property is ancestral property, it shall be devided as per the provisions of the Hindu Succession Act and your friends wife shall have a share in the property and her step mother shall also have a share in the property.

Kumar Doab (FIN)     29 February 2016

She may proceed rtor injunction to sell and partition.

Local seasoned lawyer may be consulted.

SHASHIDHAR A (Sr.Manager - HR)     01 March 2016

Dear Sir's Thank you very much for your advice. Kumar Doab: Sir, if you can give little more information on what does rtor injunction means and in which situation it can be sought it will be a great help. Will advice her to proceeding on the same. Thankyou Shashidhar A

SHASHIDHAR A (Sr.Manager - HR)     14 March 2016

Respected Sirs, A development with regards to my friend query on property rights of his wife. Now, my friend's spouse's step mother has given an ultimatum to vacate the premises in B.Lore where my friend’s family is staying. To be specific, my friend is acting as a care taker of his F-in-L property in B.Lore as his in-laws stay in Mysore. His F-in-L has ancestor property in Mysore. Due to pressure from his wife, he has completely transferred the ancestor property to his wife (who is a step mother of my friend's wife). He has registered the property in his wife name without consulting his only daughter. After ultimatum to vacate, my friend had requested his in-laws to give permission to stay in B.Lore property till 2018 due to his daughter education. However, both especially his Step M-in-L has rejected the request upfront and asked them to vacate immediately. They also came to know that, the step mother is behaving cruelly and harassing her Father in not allowing his daughter to stay in his self-acquired property of B.Lore. Now they have decided to vacate the premises during April/May 2016 post his daughter's exams My friend is now exploring the possibility to sue his F-in-Law or to make his to understand that what he has done with his ancestor property is not legal. Because, he has transferred his ancestor property without consent of his real daughter nor giving a share in his ancestor property. His questions are: 1. Can his wife sue her Father for not providing a share in ancestor property? 2. Can she sue on the ground of STEP MOTHER Treatment? And not doing justice for his daughter 3. Can she sue her STEP MOTHER for disturbing the love and affection between her and her Father. However, no evidences available to prove this. 4. Are there any other grounds to sue her Father and STEP MOTHER Kindly help. Thanks a ton in advance. Shashidhar A

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