Can the daughter claim the property acquired by the mother? The next of kin may need an affidavit from next of kin, a notarized document that determines the heirs of the estate`s assets. Depending on the jurisdiction, this affidavit may be sufficient to legally transfer certain types of property to the heir. However, real estate usually requires additional documents to transfer ownership. Can the daughter-in-law and grandson claim the grandfather`s property? If there is a division of property in a common Hindu family, daughters enjoy the same right as sons, daughter-in-law has no right to her parents-in-law`s property. She acquires the rights to the property of the parents-in-law only through her husband. The daughter of one family becomes the daughter-in-law of another family after marriage. She has full rights to her father`s property even after marriage, but limited rights to her parents-in-law`s property. Once it forms part of the estate of the deceased heir, the original legal share is determined by the will of that heir or, in the absence of a will, by an interpretation of the statutory laws applicable to that deceased heir. The daughter-in-law is entitled to her husband`s property only through her husband`s share, but has no individual rights. She cannot demand or claim anything that belongs to her parents-in-law, nor can these assets be treated as common property. 2.

Your daughter-in-law or someone else cannot oppose your will or the gift of your property. As mentioned earlier, a daughter-in-law cannot claim property from her in-laws, but after her husband`s death, she can claim her husband`s property, which can be both ancestor property and self-acquired property. I hope I have been able to give you an idea of whether the daughter-in-law is a legal heir or not. Rajagopalan Sripathi, a lawyer from Hyderabad, said in a similar case: “In the absence of a will, the deceased`s property would first pass in the name of your mother and her children (Ajay and Avani). All three allegedly received a third of Manoj Nath`s property. After the mother`s death, her share (one third of what she received from her husband) is transferred equally to the children of her predeceased son (1 part) and to her daughter`s children (1 share). The above breakdown is based on the Hindu inheritance law, which does not take into account the fact that the beneficiaries are working/are well positioned, etc., it depends on the number of people in the family tree. “1. So, if you are the absolute owner of said property, you can do whatever you want with said property without asking for anyone`s consent. Thus, if a father dies without inheritance, a daughter, along with her brother, has the same right to his property, but the daughter-in-law has no right to her father-in-law`s property until her husband lives. After the death of her husband, she is entitled to receive her husband`s share of her property, together with her other legal heirs. I hope you have your answer as to whether or not the daughter-in-law can be the rightful heiress here.

A widowed daughter-in-law has maintenance claims against her stepfather only under certain conditions, as required by the Hindu Adoption and Maintenance Act 1956. Mumbai-based lawyer Ajay Sethi said: “After the death of the parents, the son and daughter are the legal heirs. After the death of his son, 50% of his share would pass on to his wife and two children. There is no doubt that the daughter-in-law receives a larger share of the property. The daughter will also inherit 50% of the shares as a legal Class I heiress. When the estate is distributed to the heirs, Stans simply pays $250,000 to his estate. Once it becomes part of Stan`s estate, the intestate portion will be distributed in accordance with the laws of New Jersey, but with reference to Stan. It may also be important to note that Stan`s death will not affect Oliver`s share and he will still receive his $250,000 in full.

The subsequent death of the child Each State has a minimum period during which an heir must survive beyond the date of death of the deceased in order to receive his or her share of the legal estate. This minimum period is usually about five days. In these circumstances, many people would not care if their estate passed on to the spouse of a child. Many others would prefer their property to be given to the grandchildren rather than to the child`s spouse. The daughter of one family becomes daughter-in-law of another family after marriage. She has full rights to her father`s property even after marriage, but limited rights to her parents-in-law`s property. Typically, the deceased`s closest relatives — the closest family members who are related by blood — are the first to inherit as heirs, but state laws determine who is considered the next of kin and in what order they inherit. Need help with the legal review of ownership documents? Discover NoBroker Legal Services here If it is mutually agreed that a larger portion should be given to the daughter-in-law, the daughter (Avani) should give a portion of her share to Reena. Several court decisions stipulate that a daughter-in-law has the right to reside in a common household under the Domestic Violence Act. Even if the house does not belong to her parents-in-law and the husband has no ownership rights over the house, a daughter-in-law has the right to live. From time to time, the courts have ruled that a woman has the right to reside in such property as long as the marital relationship between her and her husband remains intact. However, the Supreme Court has ruled that a married woman has no right to property acquired by her parents-in-law, as such property cannot be treated as joint property.

C. If you died without a will, only legal Class I heirs will enjoy the property. That is, wife, three sons according to inheritance law. A married woman is a member of the Hindu Undivided Family (HUF), but not a coparcener. The daughter-in-law is entitled to her husband`s share of the property in the HUF property. But beyond that, he can`t claim anything. In the event of the mother-in-law`s death, her share is divided among her children and the daughter-in-law is entitled to the share that fell into her husband`s share. Can my child`s spouse receive my legal estate? The spouse of a child is not classified as an heir under a state`s intestate inheritance laws. If a child inherits part of the legal estate from a parent, the inherited property belongs exclusively to the child. The child`s property is the same as if the parent had bequeathed the property to the child during his or her lifetime.

If the property is self-acquired, the widowed daughter-in-law has no right to it. The court goes on to say that she cannot live in the house even against the will of her in-laws. Legally adopted children are considered heirs under the Next of Kin Acts, which make no distinction between biological and adopted relationships. So if the deceased has an adopted child and a biological child, they are treated exactly the same. If the deceased was adopted into a family, the adoptive members of the family are considered the next of kin, as if they were biologically related. 3. Neither your daughter-in-law nor your eldest son can claim rights because you are completely free to dispose of the property as you wish. This also applies if the heir dies before the actual distribution of the estate. Although the minimum survival time is on average five days, it takes much longer for a property in the estate to be distributed to heirs. Hindu, Muslim and Christian laws have granted girls permission to claim their father`s property, but none of these three religions has granted a daughter-in-law the right to claim her property in the in-laws.