Asked June 27, 2016

Wish to claim property

  • 1 Answer

Hi, This is Ruchi from India. My husband's real mother had been died before 15 years and the same time my father in law got second marriage. My husband has one real elder brother and one step sister. My mother-in-law is very clever and somehow she has thrown us out of their house and we are living apart from them. My husband's brother (married) is also living apart. Now, we need some money to buy home. Can we claim for the property brought by my father-in-law and also for the property which has been delivered by grand parents of my husband?

Answer 1

Answered by Amrisha Tripathi, Lawfarm Researcher:

The property inherited by a Hindu from his father and forefathers is called ancestral property.[1] The essential feature of a coparcenary property is that if the person inheriting it has sons, grandsons or great-grandsons, they become joint owners (coparceners) with him. They become entitled to it by birth.[2] A coparcener is the one who shares (equally) with others in inheritance in the estate of a common ancestor.[3] Thus, your husband can claim a share in the ancestral property of his father.

However, while the ownership of a father and his son is co-equal in the acquisitions of the grandfather, whether land or chattel (movable property, not attached to the land)[4], the son does not have an "equal right" to the self-acquired property of the father. This is because the property has not been inherited by the father and belongs to him objectively. Thus, he has an independent power and a pre-dominant interest in the same.

Your husband cannot claim in his property by virtue of the fact that you re his son unless there is a testament/will to that effect (which can only be invoked after the death of a person).



[1] U.R. Viruprakash vs. Sarvamma and Anr. (Civil Appeal No. 7346 of 2008)

[2]U.R. Viruprakash vs. Sarvamma and Anr. (Civil Appeal No. 7346 of 2008)

[3] Section 6 of the Hindu Succession Act 1956.

[4] C.N. Arunachala Mudaliar vs. C.A. Murugantha Mudaliar and Anr. (1953 AIR 495)

Agree Comment 0 Agrees over 5 years ago

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