Sons claim on FIL property

I think only a learned experienced member could throw light on this topic.

Such property acquired by any female (even when it is ancestral property) comes to her as seperate property. Then as per my understanding, this property shall divulge as per women's seperate property shall be divided after her death only.

Awaiting learned members to clarify if I'm correct.

//peace

/Saurabh..V

@ Author


1. If the property of the grand father was his self acquired property then this property shall devolve to all his legal heir if he died intestate i.e. no testamentary document such as 'will' exist with regard to the property made by him during his life time.


2. The grandson is not legal heir if his father is alive in such case, in case the father of the grandson died before the death of grand father then the grandson being son of the predeceased son get the share in the property which his father would have got, sharing that share along with his mother i.e. widow of his father.


3. In this case there are 1 son & 3 daughters of the grand father, but there is no mention of his widow except she (wife) is a divorcee hence these all being class 1 Heir get one share each in this property except this divorcee DIL. This is the position based on the Hindu Succession Act, 1956.


4. The grandson could have got his share in the property if that was Hindu Ancestral Property, i.e. originally owned by the great grand father, passed to the grand father down the line up to the present grandson who would be the fourth generation to enjoy this property, in this case it is thus a Hindu Undivided Family property a share could be claimed by the present grandson being a Coparcener by birth in the Hindu Joint family.

let me clarify,

My fater -in-law has 3 daughters ,no sons. My wife is the eldest one.We are legally seperated.Can my son ie grandson of my FIL claim /has right in my FIL property  as my wife's is one of the legal heir  of my FIL propery ,Can my son claim his right on  his mothers share .

The reason being , I came to know that,one of my SIL is presuring my FIL to divide the property among three daughters ,and trapping my wife (divorsed) to gift her share of property to her sister'sdaughter.therby depriving my/her son of the propery.