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Guruprasad (Lead)     03 April 2022

right of femal property

Hi All,
Thanks for your continuous suggestions to the society. I have a question that is there a law or rule that a property related to the female(received as partition from her brother) should completely go to her daughter not to son. The case is below as my mother in law passed away a year back and one site was received by her from brothers which is left now to be partition between my wife and my brother in-law;however, my brother in-law is not coming forward to make a partition deed. most of my relatives are saying that property which is in my mother in-law should go to only my wife (female property should go only to daughter)so he will not be having share and asking us to construct.
kindly advise.


Learning

 2 Replies

Advocate Bhartesh goyal (advocate)     03 April 2022

Property received by your late mother in law from her brothrr will be treated your mother in law's self acquired property and if your mother in law died intaste then property rights will devolve equally to her son and daughter so your wife will be entitled to get half share of property.

Palak batra   05 April 2022

Dear Querist,

 

As per the Hindu succession act, 1956 the property of mother-in- law would be equally passed to both the heirs. Sec.15 of this act talks about the devolution of the property. First preference is always given to both son and daughter and hence, in your case too. Wife’s brother will get the same amount. 

 

Regards,

Palak

 


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