Residential right of ghar jamai's sons in their mother's father's house
AYAN
(Querist) 23 January 2017
This query is : Resolved
My uncle was a ghar jamai. He died 10 years ago.My aunt has 2 sons. As my aunt is widow that's why she has residential right in her father's house.
But she has 2 sons.
My question is
when my aunt will die then will her sons get residential right in their mother's father house?
My aunt's sons are living there for more than 20 years.
rajeev sharma
(Expert) 24 January 2017
since you have not disclosed your religion hence presuming that you are Hindu it is advised that sons of your aunt will not get any share in the property if son & wife of father in law of your uncle were alive at his death.
Kumar Doab
(Expert) 24 January 2017
Agreeing with Mr. rajeev sharma.
You may confirm if all are Hindu.
You may clarify that you are asking the share in property or residential rights implying some kind of right to maintenance from father.
If sons are are living there for more than 20 years, they are adult.
Guest
(Expert) 24 January 2017
Your question seems to be quite premature, as presently, the sons of your uncle do not have any problem.
H.M.Patnaik
(Expert) 24 January 2017
Pl. confirm if there is any legal heir of father- in - law of your uncle except your aunt. Besides, state your actual problem at present.
J K Agrawal
(Expert) 25 January 2017
Most respectfully I do not agree with experts.
It makes no difference that if deceased father in law and brother in law alive then his sons will have no right in their property.
In fact wives are absolute owner of the share of property of father in law. Even though the daughter dies prior to her father.
Any way, the sons of your anuty are entitle in property of their Nana ji and you are also entitle as same. The factor of Ghar Jamai having no role here and make no difference.
AYAN
(Querist) 26 January 2017
we are Hindu.
I am only talking about residential right not property right.
Generally widow has residential right in father's property. isn't it true?
MY another question is-
can my aunt (who is a widow)at least reside in her father's house until her death?
my maternal uncles are trying to remove my aunt and his sons.
can my aunt at least(who is a widow) reside in her father's house until her death?
rajeev sharma
(Expert) 27 January 2017
your aunt has a share in her father's property. She may reside in her share and if her brothers do not give her share she my claim partition of property.
H.M.Patnaik
(Expert) 27 January 2017
Yes , I agree with views expressed by Expert Mr.Rajeev that your aunt has a share in the ancestral property and can take proper legal recourse to ensure the same.
Kumar Doab
(Expert) 27 January 2017
Dear Mr. J.K. Aggarwal,
Agreeing with you Mr. Rajeev Sharma, Mr. H.M.Patnaik.
Your approach to strategize for querists is appreciable.
The querist’s point seems to be: The married daughter may get right of residence, in father’s home, if she is widowed (Not deserted, not divorced, as per query; as her husband was Ghar Jamai.)
It has been the stance that; A married daughter has no right to shelter in her parents’ house, nor maintenance, charge for her being passed on to her husband.
And that: A married daughter may succeed to right of residence (in father’s home) if she is deserted, divorced or widowed.
The author in his 2nd post has removed the part of the query (from his 1st post); ‘will her sons get residential right in their mother's father house?’
With limited understanding: It seems that married daughter may succeed to right of residence (in father’s home) if she is deserted, divorced or widowed.
The sons of aunt may not succeed; they are adults and may establish themselves.
They may avoid any tussle.
The aunt has share in her father’s self acquired/ancestral estate if conditions applicable for share are satisfied.
It is not clear that aunt’s father’s estate is self acquired or ancestral and the father is alive of not!
The aunt and her sons can stake claim on the deceased Hindu male ( Ghar Jamai as in query).
J K Agrawal
(Expert) 27 January 2017
I agree with view of Mr Kumar. I want to add one more thing.
The daughter has right in property of her father but she can not claim residence right if her brothers are having only one house. In such a case she can seek inheritance claim only.
But in present case the condition is some what different. She is residing in her fathers house since birth and up to whole life. Now 'She is not demanding a portion in house' rather she is demanding that 'she should not be expelled without due course of law'. This is different approach.
It is sound enough and she can protect herself from expulsion.
Further after amendment in 2006 the position is changed. The daughter is having right 'by birth' as other coparceners.
In such a case she can even claim a forceful partition even in residential house of her father.
Kumar Doab
(Expert) 28 January 2017
Dear Mr. J.K. Aggarwal,
Thanks for agreeing.
Guest
(Expert) 30 January 2017
Agrawal ji,
I have not stated anything wrong about Mr. Doab, when I said, he usually complicates the simple issue by side tracking the queies drastically!
As usual, Mr. Kumar Doab with his wrong interpretation about the query has sidetracked the real issue towards widowed daughter's right to property of her father, rather than right to residence of her sons in her father's house after her death, while the querist has nowhere stated that daughter's father has expired.
You may like to observe, what vague question Mr. Doab put, i,e, "You may confirm if all are Hindu." ...... "You may clarify that you are asking the share in property or residential rights implying some kind of right to maintenance from father. ...... "If sons are are living there for more than 20 years, they are adult." Anybody can guess, the question was on "right to residence, NOT "right to property. Moreover, for residence, what is the concern of being Hidu or of other religion? Also, how adulthood of sons have any relevance for residence right? IN FACT, HIS ORIGINAL QUESTION WAS ABOUT RESIDENCE TO PROPERTY, BUT MODIFIED HIS QUESTION BY ADDING THE WORDS, "or residential rights. Where was the question of doubt when the querist used the words, "residential rights" two times in his question."
The main question the querist was, "when my AUNT WILL DIE THEN will her sons get residential right in their mother's father house?" The querist has neither asked for daughter's right nor her sons right for their shares in property after the death of her father. He simply asked for right of residence for daughter's sons after the death of the daughter evidently during the life time of daughter's father on the event of dying their mother.
But when you agreed, you also seemed to have been misled by the confusion created by Mr. Kumar Doab due to his misinterpretation of the query.
In order to hide his mistake, Mr. Doab cleverly took shelter of omission of mention on the issue of sons right to shelter in the second post of the querist, as Mr. Doab assumed, "The author in his 2nd post has removed the part of the query (from his 1st post); ‘will her sons get residential right in their mother's father house?’
Contrarily, the original query still stands unmodified and the 2nd post was merely a clarification on the question of Doab. The author has not mentioned anywhere that he withdrew the original query about residence right of sons of daughter.
So, you may probably like to review your opinion, "she can even claim a forceful partition even in residential house of her father."
A PERTINENT QUESTION ARISES, CAN THE DAUGHTER CLAIM FORCEFUL PARTITION OF RESIDENTIAL HOUSE IN HER FATHER'S PROPERTY DURING LIFE TIME OF HER FATHER?
Anyway. Mr. Kumar Doab has been flattened on your agreement with his confusing advice.
Rajendra K Goyal
(Expert) 30 January 2017
Your Uncle was Ghar Jamai residing in the house of father in law. Uncle expired. Aunt still resides in the house of her father.
If the property of father in Law of your uncle was self acquired, he can sell / gift / mortgage / bequeath a will for his property to any one, your aunt can not object.
If property is ancestral or father of your aunt expires intestate was having self acquired property, your aunt has share in the property.
Children of your uncle and aunt have share in the property of their mother if she does not dispose it in her life time.
A person can reside in the property if he has share / ownership in it.
