Historic: “Dead Daughter’s Husband And Children Have Maternal Property Right”- Delhi Court

Apr 1: The Saket court of Naresh Kumar Laka was hearing the property dispute case on Thursday, in which a man had filed a petition seeking a share in his grandfather’s property, which his late mother’s brother was allegedly denying him.

During the hearing, the court said that even if the daughter has died, her husband and their children have the right in her father’s property, and that the other party cannot sell the property until the share in it is determined.

The court also observed that the mother of the petitioner was a rightful heir to the property of her father, and that he also as such has a right on one-third of the share. The court then issued directions to the authorities concerned to evaluate all properties related to the case by the next date of hearing. The judge also said the properties cannot be sold until further orders.

Hearing a separate case earlier this year, the Supreme Court had said the daughters of a Hindu man dying without a will would be entitled to inherit self-acquired and other properties acquitted by the father.