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Home / Legal / Documentation / Can daughter-in-law claim father in-law property?
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Can daughter-in-law claim father in-law property?

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Wanted to know can daughter in law claim father in law property? The inheritance laws vary based on personal laws that apply to different religious communities.

Under Hindu law, the daughter-in-law does not have a direct right to her father-in-law's property unless she has been specifically mentioned in his will.

In the absence of a will, the property is generally inherited by the legal heirs of the deceased person, which include his children.

Under Muslim law, the inheritance is governed by the principles of Sharia.

The daughter-in-law is not a legal heir in the direct line of inheritance for the father-in-law's property.

The property is distributed among the legal heirs, which include the surviving spouse, children, and other close relatives.

It's important to note that if there is a valid will, its terms will be considered in the distribution of the property.

So, there is a clear no for can daughter in-law claim father in-law property in India.

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How to transfer property from husband to wife after death?

0 2021-12-23T18:34:47+00:00

Hey,

My friend got married a few years ago and her father passed away recently without making a will. Now her brothers and mother are saying that she doesn’t have a right over her father’s property. She is smart so she consulted a lawyer and asked them “can daughter claim father's property after marriage”? This is what the lawyer told her:

Before the amendment in the Hindu Succession Act in 2005, a married daughter wasn’t considered a member of HUF (Hindu Undivided Family). But after the amendment in 2005, a married daughter has the same right over the father’s property as her brothers.

  • If it is a self-acquired property, in case the father dies with no will, the daughter has an equal right to it as she’s a class I heir along with the mother and siblings.

  • If it is an ancestral property, then married daughters have a right to it by birth and can make a claim over the property.

The lawyer also answered her another query on “can daughter in law can claim father in law property”

Can Daughter-In-Law Claim Father In-Law Property

A daughter-in-law does not have any right in the self-acquired property or ancestral of her in-laws.

After her husband’s death, she has the right in her husband’s property left behind by him. This property can be either self-acquired or ancestral.

Read more:

When ancestral property becomes self acquired?

Can daughter claim mother’s self acquired property?

What is self acquired Property?

What is the difference between self acquired property and ancestral property?

I hope now you know the answer to the “can daughter-in-law claim father in-law property” query.

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