The laws governing ancestral property in India are complex, and the rules can vary depending on the religion, community, and state in which the property is located. In general, under the Hindu Succession Act, of 1956, a wife does not have any legal right to claim a share in her husband’s ancestral property during his lifetime. However, there are some exceptions to this rule, which are discussed below.
What is ancestral property? Ancestral property is defined as property that has been inherited by a person from his ancestors, and which has not been partitioned or divided by the family members. Ancestral property can include land, buildings, and other assets that have been passed down from generation to generation.
Can a wife claim a share in her husband’s ancestral property? As mentioned earlier, under the Hindu Succession Act, a wife does not have any legal right to claim a share in her husband’s ancestral property during his lifetime. However, if her husband dies intestate, i.e., without making a will, she is entitled to a share in his property as per the rules of intestate succession. – Best female lawyer in Rohini– Advocate Neha Batra
The share of the wife in her husband’s property will depend on whether the property is self-acquired or ancestral. If the property is self-acquired, i.e., it was purchased or acquired by the husband on his own, the wife will be entitled to an equal share along with the children. However, if the property is ancestral, i.e., it was inherited by the husband from his ancestors, the wife will be entitled only to a share in the husband’s share of the property.
If the ancestral property has been partitioned or divided among the family members, the wife will not be entitled to a share in the ancestral property. However, if the property has not been partitioned or divided, and the husband has a share in it, the wife can claim a share in his share of the property.
In conclusion, a wife does not have a legal right to claim a share in her husband’s ancestral property during his lifetime. However, if her husband dies intestate, she can claim a share in his property as per the rules of intestate succession, depending on whether the property is self-acquired or ancestral, and whether it has been partitioned or not. It is advisable to consult with a lawyer to understand the specific rules and regulations governing ancestral property in your state.
