Ancestral Property
2 years ago
My mother-in-law got a property from her father back in 1986. My wife is her elder daughter. Now, she is of the opinion that the property can be only registered in the name of the younger daughter. She is completely ignoring my wife. Can we take legal proceedings against this. Currently, there is a home in the property and its deed is submitted in the bank against the loan secured
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.your mother in law can do whatever she want to do with property.
Helpful
Helpful
Share
A.Hi,
Your wife owns a portion of the land if it is ancestral property. According to Hindu law, the ancestral property is divided among four generations of the family. But it is likely that the property is a separate property and the legal heirs will have a right only in case of intestate succession not otherwise.
If you find this answer helpful please rate my answer. Thank you.
Your wife owns a portion of the land if it is ancestral property. According to Hindu law, the ancestral property is divided among four generations of the family. But it is likely that the property is a separate property and the legal heirs will have a right only in case of intestate succession not otherwise.
If you find this answer helpful please rate my answer. Thank you.
Helpful
Helpful
Share
A.Dear Sir,
Your wife cannot claim a share.
Your wife cannot claim a share.
Helpful
Helpful
Share
A.After 2005 even married daughter can seek rights in the father's or mother's property so ask your wife to move the court to fight for her right in the property. She can file a partition suit for the property.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
Your wife has share in the property. As per Hindu law four generation of family has a share in the ancestral property. So your mother in law might transfer her share in the property to your wife's daughter but your wife's share remains with her and she can file for partition in the property.
If you find my answer helpful, please rate my answer. Thank you
Your wife has share in the property. As per Hindu law four generation of family has a share in the ancestral property. So your mother in law might transfer her share in the property to your wife's daughter but your wife's share remains with her and she can file for partition in the property.
If you find my answer helpful, please rate my answer. Thank you
Helpful
Helpful
Share
Sidhaarth
Responded 2 years ago
A.Property received from father does not fall within the category of ancestral property. Your mother in law is absolute owner of property and she is free to give the property to any person if her choice and your wife does not have right to object and secondly your wife does not have any right in such property. Your wife can not take any frivolous litigation against her mother in respect of her property. You are stanger to such matter.
Helpful
Helpful
Share
Vaidehi Samant
Responded 2 years ago
A.You have not specified how your mother in law's father got the property. If it is ancestral property than your wife can claim out of the same however if the same is a self acquired property which he gave to his daughter than it becomes her self acquired property and it is upto daughter i.e. your mother in law as to whom she wants to give her property to. Also loan secured and property mortgaged for the same does not make any difference to the transaction. Thank you.
Helpful
Helpful
Share
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.आप की सास अपनी सम्पत्ति की पुर्ण स्वामी है।वह किसी को भी दे सकती हैं।आप कुछ नही कर सकते हैं।
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.For the purpose of giving opinion in this regard,it is necessary to know whether the property remained unpartitioned for last three generations? This information is necessary to give opinion in this regard.
Helpful
Helpful
Share
Read Related Answers
Mental Abuse and Harassment by Mother in law
Dear Client,
Such kind of inhuman ill-treatment and emotional harassment by a mother-in-law towards her daughter-in-law deserves stringent action and strong protest by filing a complaint under Sec.12...
Marriage and police related problem
Dear Client,
The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
Staying at husband house after court ordered monthly maintenance
Dear Client,
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
Husband and wife problem
Dear Client,
In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance.
Hope it helps.
Thank you.
Sapinda relationship
Dear Client,
Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...
Read Blogs on Family
Family Lawyers
Find Lawyers by Location
