My husband built a house in his father s land
8 months ago
My husband built a house in his father's land (his father inherited from grand father). My father in law expired before completion of house. Later after few years my husband too expired but the land or house was not in his name. I remarried after 3 years and have a son out of 1st marriage..my mother in law gave this land and house to her daughter. My son is 20 yrs old now..Can my son claim his share in this property as the house was built by his father and the land was inherited by his grandfather. We are Hindus.. so want to know the legality of this claim.
A.Dear Client,
As per the Hindu Succession Act, being a grandchild, your son can claim a share in his grandfather's property. If your father-in-law passes away leaving the property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. In that case, your mother-in-law cannot transfer the title of the entire property to her daughter. Such a transfer will be treated as null and void on contest. So, in the absence of the father, his son is entitled to an equal share in the said property and can claim that share by filing a suit for partition before the Civil Court. Reach out to an Advocate for guidance and steps.
As per the Hindu Succession Act, being a grandchild, your son can claim a share in his grandfather's property. If your father-in-law passes away leaving the property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property. In that case, your mother-in-law cannot transfer the title of the entire property to her daughter. Such a transfer will be treated as null and void on contest. So, in the absence of the father, his son is entitled to an equal share in the said property and can claim that share by filing a suit for partition before the Civil Court. Reach out to an Advocate for guidance and steps.
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A.Dear Client,
Under Hindu succession laws in India, property rights and inheritance are governed by the Hindu Succession Act, of 1956. The Act has undergone several amendments over the years to provide equal rights to daughters and sons in ancestral and self-acquired properties.
Self-Acquired Property: If the house was built by your late husband on his father's land, it might be considered his self-acquired property. This means that he had ownership and control over the property during his lifetime, and he could have disposed of it as he wished, including by will.
Inheritance Rights: Since your husband passed away without a will, his property would generally be inherited according to the laws of intestate succession (when a person dies without a valid will). In such cases, his widow (you) and children (your son from the first marriage) would generally have a claim to his property.
Mother's Gift to Daughter: If your mother-in-law gifted the property to her daughter after your husband's death, this might raise questions about the legality of the transfer. The transfer of property should be done in accordance with the law, and certain restrictions might apply to such transactions.
Rights of Children: Under the Hindu Succession Act, children have equal rights to the property of their father, whether it is ancestral or self-acquired. This includes both sons and daughters. This means that your son from your first marriage might have a legal claim to a share in your late husband's property.
Time Limit: There might be a time limit within which your son needs to assert his claim to the property. It's important to consult with a lawyer to determine the applicable time frame.
Legal Remedies: If it is found that the property transfer was not legally valid or if your son's inheritance rights were violated, there might be legal remedies available to address the situation.
your son might have potential legal claims to your late husband's property, especially if it was self-acquired by your husband and not inherited by him.
Thanks
Under Hindu succession laws in India, property rights and inheritance are governed by the Hindu Succession Act, of 1956. The Act has undergone several amendments over the years to provide equal rights to daughters and sons in ancestral and self-acquired properties.
Self-Acquired Property: If the house was built by your late husband on his father's land, it might be considered his self-acquired property. This means that he had ownership and control over the property during his lifetime, and he could have disposed of it as he wished, including by will.
Inheritance Rights: Since your husband passed away without a will, his property would generally be inherited according to the laws of intestate succession (when a person dies without a valid will). In such cases, his widow (you) and children (your son from the first marriage) would generally have a claim to his property.
Mother's Gift to Daughter: If your mother-in-law gifted the property to her daughter after your husband's death, this might raise questions about the legality of the transfer. The transfer of property should be done in accordance with the law, and certain restrictions might apply to such transactions.
Rights of Children: Under the Hindu Succession Act, children have equal rights to the property of their father, whether it is ancestral or self-acquired. This includes both sons and daughters. This means that your son from your first marriage might have a legal claim to a share in your late husband's property.
Time Limit: There might be a time limit within which your son needs to assert his claim to the property. It's important to consult with a lawyer to determine the applicable time frame.
Legal Remedies: If it is found that the property transfer was not legally valid or if your son's inheritance rights were violated, there might be legal remedies available to address the situation.
your son might have potential legal claims to your late husband's property, especially if it was self-acquired by your husband and not inherited by him.
Thanks
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