Legal Question in Civil Rights Law in India

Hindu Act

Hi, I got married to a guy working in US.But he wants to come back to India and settle there.He bought some properties on his fathers name before getting married.He also had a sister.If we go back to India there is nothing on our name.Now I am concerned about the property which is on his parents name.If they die without writing a WILL do my sister-in-law can claim for the property and my mother-in-laws gold.

And I heard that if we register as hindu the property comes to the son and not to the daughter.Is it true?Can you explain Hindu Act.


Asked on 4/03/07, 7:24 pm

7 Answers from Attorneys

Re: Hindu Act

As per latest openion of Supreme court daughter has also equivalent right of inheritence in property. Even as per hindu Sucession Act/ Indian sucession Act daughter has equal right over the property. In your case Sister-in law has equal right over the property. But there are ways to get back the properties. Take advise of a good lawyer.

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Answered on 4/04/07, 12:54 pm
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: Hindu Act

Dear Madam,

Under the provisions of Hindu Succcession Act if the properties stands in your fatherinlaw's name then obviously your husband's sister will have equal share over the same as your husband do.

Give me some more details so that I can give you an authentic answer.

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Answered on 4/06/07, 1:35 am
Arvind Sharma Sharma Legal Consultants Bathinda

Re: Hindu Act

if u r governed by hindu law. the sucession will go like this.

if there are 1st class heirs i.e. sons, daughter, mother, wife than the property will only go to these persons and no other person is entitled for sucession. as far as the will is concerned it can be executed with regard to self acquired property only and not with regard to ancestral property. i think u got the answer if still there are doubts u r welcome. however u have not cleared that who is ur sister in law. clerify it.

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Answered on 4/03/07, 10:23 pm
Nandita Haldipur Haldipur Associates

Re: Hindu Act

if you are a hindu then you will be governed by hindu sucession act. That if your father in law does not make a will then all the legal heirs will get a share in the property. kindly make it clear as to what you mean by saying tha the property is registered as Hindu. As of now even daughters get a share in the property.

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Answered on 4/04/07, 12:15 am
G. M. Gupta gmguptaandassociates

Re: Hindu Act

get the will done

its the best option ....... in any case keep all the reciepts of the purchases/contributions/payments with you

your sister in law can also claim share if there is no will

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Answered on 4/22/07, 2:08 pm
Chittaranjan Bairisal Bairisal & Associates

Re: Hindu Act

By virtue of the recent amendment of the Hindu Succession Act the Hindu female has become a coparcener and has got rights like a son on the property of her ancesters. So after the death and in absence of any will the property of your father in law will devolve upon your sister-in-law and husband equally.

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Answered on 4/04/07, 3:35 am
Vivek Mapara Mapara Law Firm

Re: Hindu Act

You need to contact personally with the title papers.

I cannot answer this question unless all facts are properly placed.

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Answered on 4/05/07, 8:14 am


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