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Sushant Singh (Private Service)     11 October 2009

Right of daughter in law over in-laws property


Gents, can an estranged daughter in law claim or make a claim over her in-laws property. Does the child in a seperated relationship automatically become the heir. In my case, my in-laws are itching to lay their hands over my parents property. They are basically looking at 2 properties, one is in my fathers name & the other in my mothers name. Can she make any claims to this property. Can my parents will their property to my sisters children ? Since its their right what they do with their property. Can my wife lay claim to property registered in my name. Since only money is the in-laws intention can I gift property registered in my name to someone else as gift or gift the property in my sisters name, before start of divorce proceedings with my wife. Can somebody please shed light on this ?


 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2009


Estranged daughter in law can claim the share in her husband's share but not in the share of her in laws.

DEfinately child is the heir. 

Succession opens after the death of the husband. wife can claim the share thru., her minor children in the properties of the husband.  Your wife cannot claim the your parents property. I think it is their self earned property , they can disposes according to their will and wish.

You can gift the property to any body. beacuse it is your self earned property.

Sushant Singh (Private Service)     11 October 2009

Rajjev Sir, thanks for your prompt reply. Sir, from your reply I conclude that my parents can will their property to anyone, my wife cannot interfere since its my parents hard earned property. Also, I can can gift away my property to anyone since its self earned. Technically, then I become a person without assets which helps me score a point over my greedy inlaws. Sir, I was planning to gift of my flat to my sister before I file RCR (wife deserted 3 yaers ago). In retaliation I am sure that they will file Maintainance under 15 Cr.PC. Sir, never ever have I deneied maintaing my 3 year old daughter, however its my greedy over qualified wifes intention that I wish to counter. Can you suggest what points I need to be carefull of before I start a litigation with my wife. Also, Sir my work needs me to go abroad very freqently. Is it mandatory that I have to be present on every date of hearing. If the date is not convienient, can the court consider my plea for change of hearing dates or can the girls side ask for rapid dates, in order to hamper my work (in turn prevent me from travelling abroad)

adv. rajeev ( rajoo ) (practicing advocate)     11 October 2009

Whether you want to live with her.  If not don't go for RCR you file a divorce petition.  One thing you carefully observe in the petition that  " Respondant (husband) neglected the petitioners to maintain intentionally " if your wife filed a maintenance application .  If these averments are not in the petition, then it wont be maintained.

On behalf of your advocate can take the time.  You can submit before the court regarding your inability to attend the court regularly .

Sushant Singh (Private Service)     11 October 2009

Rajeev, the intention is to live with her, hence the question to file RCR. However, then she might counter the RCR by filing a Interim Maintainance petition.

Kamal Grover (Advocate High Court Chandigarh M:09814110005     11 October 2009

whether she is earning and educated or not. If she is earning then she cannot claim maintenance.

Secondly, your parents can transfer their property to anybody and your wife cannot claim.

You can also transfer your property before start of case.


Suchitra. S (Advocate)     11 October 2009


Prpoerties are of two kinds. If it is self earned property, then, it can be given to anybody through will. If it is ancestral, then legal heirs have their rights over the property. children dont have right over the property of father which he has got through his mother.

Your wife cannot claim any property of your mother or father. She can claim ancestral property of your father and mother through the kid.

Kamal Grover (Advocate High Court Chandigarh M:09814110005     11 October 2009

Ms.Suchitra is quite right. but tell us the detail what is your situation and what you want exactly coz in other quetion, you have shown you as popper due to your wife claims. tell us the right position.


adv. rajeev ( rajoo ) (practicing advocate)     12 October 2009

RCR is non executable order, it cannot be executed by the order of the court even if it is decreed.  It is decided in the famour film actress Sarita ( south indian)

Sushant Singh (Private Service)     29 December 2009

Any good reliable lawyer contacts in Bhopal where I can file an RCR and custody case in Bhopal Family Court

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