4 Answers
Dear Client, As a daughter-in-law, you do not inherently have a claim to the property. Your 6-year old daughter is an equal coparcener by birth, and her share of the property cannot be sold by her father or grandfather without her consent or legal necessity. Thus, under the same Act, any disposal of the share of property by a minor without court’s authority is voidable at the instance of minor. Consequently, you can file partition suit on behalf of her to challenge the sale and get decree declaring the sale as null and void so far her share is concerned. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.
Dear Client,
On behalf of her minor child , who is a coparcener of ancestral property, the daughter-in-law does indeed have solid legal grounds to fight for this.
Hindu law protects a minor's share and prohibits the sale of ancestral property without the approval of all coparceners.
You can seek legal guidance on your legal query by contacting the OLQ team right away.
Rights depend on property nature. If self-acquired, daughter in law cannot challenge.
Dear client,
If the father-in-law or family member bought the house for himself or herself, then the authorities have the right to sell the house without the daughter-in-law's approval. The daughter-in-law will not have any right to prevent or stop the sale from occurring. However, if the house was inherited under the Hindu Succession Act, 1956, each coparcener (which also includes sons and daughters after 2005) has a right to their portion of the ancestral property simply because they were born into that family. If your husband's sale deed has been signed and he is a coparcener, the sale would still be good to the extent he owns it. However, if the sale has occurred without any legitimate reason or without the input of coparceners that are minors (for example, your 6-year-old wants in on what should be her share of the sale), the courts have the authority to reverse this sale if challenged. A minor's property rights are protected to a very high degree. Any minority share sale will be questioned unless approved by court. While a daughter-in-law does not typically receive a share of the Ancestral property during the life of her husband, she may represent her minor daughter in a lawsuit if her daughter's interests or rights are harmed. She should speak with a local attorney that handles property rights for assistance with all documents necessary to support the suit.
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