I am legally separated from my husband. Do I have right to wedding jewellery and gifts received as streedhan?

Q.My father passed away intestate before I got married last year. Now my only brother says he has the sole right to his self-acquired house and ancestral property. Is he right? — Ritika
According to the Hindu Succession (Amendment) Act, 2005, a daughter has the same right to her father’s self-acquired property as the son, irrespective of her marital status. Since your father passed away without a will and you are his class I legal heir, the property will be divided equally among your paternal grandmother (if she’s alive), your mother, you and your brother. In the ancestral property as well, you have as much right to it by virtue of your birth as your brother.

Q.I was given a lot of jewellery and other gifts by my parents at my wedding three years ago. I am now in the process of getting legally separated from my husband and we have no children. Do I have the right to this jewellery and gifts? My husband claims it is joint property and he has 50% right to all of these. Can he stake a legal claim? — Samidha S.
The jewellery and other gifts that were given to you at the time of your wedding by your parents comprise streedhan and belong only to you. Your husband has no right over it and cannot stake legal claim to it. Since you are in the process of legal separation from your husband, it is advisable to keep all your streedhan, including jewellery, gifts or any other movable assets received by you at your wedding, in a safe place that cannot be accessed by him or your in-laws.

Q.I am 75 years old and have one son, who stays in a different city. My husband passed away last year due to a terminal illness. He had a self-acquired property in which we lived and I continue to stay. In his will, my husband named only me as a beneficiary of this property. I want to know if my son has any right to this house and whether he can stake a legal claim to it? —Seema Kumar
Since your husband’s property was selfacquired, he had the right to will it to anyone he wanted. As he has named only you as the beneficiary of the property in his will, you are the sole owner of this house. If your husband had passed away without writing a will, your son would have also been a beneficiary, being a class I legal heir. Now, however, he cannot stake a claim to this property, though he can challenge the will in a court of law on relevant grounds.

Q.I got divorced two years ago and have one son who is five years old. My husband has now remarried. Will only his future children have a right to his property or will my son also have a share in it?—V.G
If your husband’s property is self-acquired, he can will it to anyone he wants. If, however, he passes away intestate, your son and any future children from his second marriage will have an equal right to the property since all of them will be class I legal heirs.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.