Widow rights in mother in law's property.
Aarti
(Querist) 21 January 2018
This query is : Resolved
I am a widow.I was married 8 years before .i have no child yet.My husband has 5 sisters . 1 is unmarried all other are married.
After the death of my husband I didn't receive any financial help by my mother in law.
What are my rights in that property ?
Guest
(Expert) 21 January 2018
Your self and your mother in law would be the legal heirs sharing 50% each in the Rights of your husband. First apply for Legal Heir certificate and simultaneously discuss with local advocate in detail as it is necessary to know how your mother in law had obtained the property.If it is her self acquired property only her mercy and sympathy could help you as you can not have any legal claims..Discuss with local Advocate in detail..
R.Ramachandran
(Expert) 21 January 2018
Did your husband leave any property? (Whether that property be immovable property or bank balance etc.)
If he had left any property, then and only then you and your mother-in-law have have to share the same at 50% each.
In case your husband did not leave any property, then you cannot claim any share from your mother-in-law's property.
Guest
(Expert) 21 January 2018
Hazy description of the problem. You may take help of your parents to discuss the issue of your maintenance with your mother in law.
Guest
(Expert) 21 January 2018
Vague query without discussion about the source of income of mother in law or property of the husband.
Kumar Doab
(Expert) 21 January 2018
It is believed that you are all Hindu!
Confirm!
Kumar Doab
(Expert) 21 January 2018
The Wife/Daughter in law has NO forced share in self acquired estate/property of Husband/ Grandfather in law/Father in law/anyone from in laws side.
The wife is not Co-parcener is ancestral property of husband.
In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.
In case of Hindu woman the nature and source of property matters.
In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..
If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.
If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.
You can determine the share of each legal heir accordingly and see how and how much gets vested in widow lady (DIL) and her children.
Kumar Doab
(Expert) 21 January 2018
The process and procedure to get share updated in mutation records is simple.
The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.
The authority shall update share as per provisions of personal law that applies in mutation records.
By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner. The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.
If husband was employed approach the employer for compassionate employment /employment to wife on humanitarian grounds and also for terminal benefits of deceased husband…..
Kumar Doab
(Expert) 21 January 2018
Check if Bank had provided an insurance/group insurance for accounts in the bank.
If covered lodge claim.
Take help of elders of the family and MIL and married daughters and unmarried daughter (your sisters in law), relatives may agree to support.....
Try to get employed/or start a venture as per your education/experience/hobby....
Guest
(Expert) 21 January 2018
@ Kumar Doab (fake expert,
Very vague question made by Mr. Kumar Doab in asking the querist, Ms. Aarti, to confirm, if she i sHindu.
If don't know whether Aarti is a Hindu name or not, as of my doubt, Mr. Kumar Doab can be a Pakistani Muslim only?
Guest
(Expert) 21 January 2018
When asked question to confirm whether the querist is Hindu or not, without waiting for her reply, Mr. Kumar Doab made 3 (three) more vague & irrelevant posts, which clearly proved, he was playing merely a number game to add scores to his credit.
Kumar Doab
(Expert) 21 January 2018
The current property where MIL is residing is in whose name ; Father in Law, Mother In Law?
Guest
(Expert) 21 January 2018
If Mr. Kumar Doab was yet to ascertain in whose name the property is, what was the relevance of his vague advice through his copied & pasted previous 3 posts?
Sudhir Kumar, Advocate
(Expert) 22 January 2018
I SORRY TO DISAGREE WITH MR KUMAR DOAB AND I NEED NOT BE SARCASTIC
Widow does have a right in the property of her husband prior than anyone else.
Sudhir Kumar, Advocate
(Expert) 22 January 2018
I AM SORRY TO DISAGREE WITH MR KUMAR DOAB AND I NEED NOT BE SARCASTIC
Widow does have a claim the share of he deceased husband from the ancestral property.
The property remains self acquired as long as the purchaser is alive and if he/she makes no will during life time then it is ancestral property.
Sudhir Kumar, Advocate
(Expert) 22 January 2018
She has not even intimate which property she is talking about and in whose name the property is.
she has nowhere stated which religion she belongs.
Kumar Doab
(Expert) 22 January 2018
I have not asked Mr. Sudhir Kumar to disagree in this thread.
I did not leave any reason to disagree in any of the posts also, for Mr. Sudhir Kumar to disagree.
The right of legal heir(s) including but not limited to (widowed) wife…………….are well narrated in provisions of personal law/succession laws…………….equal or proportionate or whatever …………….and without any need to stress at the moment, that prior to anyone else…
If the applicable provisions provide for Equal right for a legal heir then IT is without any Priority for anyone, be it any of the legal heirs.
Kumar Doab
(Expert) 22 January 2018
I have not asked Mr. Sudhir Kumar to disagree in this thread. I did not leave any reason to disagree in any of the posts also, for Mr. Sudhir Kumar to disagree……………and NO sarcasm has been posted by me in this thread,also.
The right of legal heir(s) including but not limited to (widowed) wife…………….are well narrated in provisions of personal law/succession laws…………….equal or proportionate or whatever …………….and without any need to stress at the moment, that prior to anyone else……………..be IT self acquired or ancestral property…..
If the applicable provisions provide for equal share then the equals share may be provided simultaneously to legal heirs without any priority to anyone………..until or unless any provision provide for priority to the Lady.
The Lady is at liberty to cite the priority.
Kumar Doab
(Expert) 22 January 2018
The simple procedure has also been provided for querist (including in case if any WILL surfaces or not; Intestate/Testate) , and that may not require even any FEE or expenses.
The FEE or expenses or nominal expense if any can be checked in O/o Authority….
The Lady/querist does not have to depend upon anyone else and she alone can approach the O/o Authority in the capacity of widowed wife of her late husband………..
The querist i.e widowed lady can check accordingly in O/o Authority and docs can reveal if her husband was owner of the property or a co-sharer or a legal heir in the property…..
Her rights in any estate, heritance from her deceased husband, which has been explained, cannot be infringed upon.
If IT has been or is being infringed upon, she has right to approach authority and courts of law………
Kumar Doab
(Expert) 22 January 2018
The querist must have understood from the illustration already provided …
If querist has any query she can very well post as long as she wants
Or she can approach her own very able LOCAL counsels of unshakable repute and integrity and specializing in such/civil/Family matters and having successful track record for discussion in person and in private………….. Such counsels are apt at handling such matters….
If the Lady has signed any document in favor of her MIL, post death of her husband, she can reveal that also to her own counsels and her counsels can aptly handle IT also…………………e.g assuming some compassionate employment.
Assuming for a moment that NO estate/nothing is left by deceased husband of the lady, as already posted her elders can discuss for her maintenance with her MIL, sisters in law that are married/unmarried for preferably an amicable settlement……….. and they may agree after intervention by eldres/counsels.
This happens in society.
Does IT not happen!
I and other Experts that posted in 1st posts after the query e.g. Mr. R. Ramachandaran had not posted anything to disagree.
I left nothing in my previous posts also for Mr. Sudhir Kumar to disagree.
There is NO sarcasm in my posts for Mr. Sudhir Kumar.
Mr. Sudhir Kumar has posted at the cost of his time, resources and I have posted at the cost of my time and resources...........
Guest
(Expert) 22 January 2018
Very funny reply when Mr. Kumar Doab stated, "I have not asked Mr. Sudhir Kumar to disagree in this thread." as if Mr. Sudhir Kumar do not have the right to disagree with him without his permission!
However, Mr. Kumar Doab, a fake expert, has got a good opportunity to make 4 (four) more vague & irrelevant posts, as of his habit of number playing game to add undue scores to his credit.
Guest
(Expert) 22 January 2018
VERY FUNNY SITUATION HAS BEEN CREATED BY THE EXPERTS IN THE RACE TO MAKE THEIR POSTS THAT TOO WITHOUT UNDERSTANDING EVEN THE BASICS OF THE QUESTION.
THE QUERIST HAS ASKED FOR THE SHARE FROM HER MOTHER-IN-LAW'S PROPERTY, NOT FROM THAT OF HER HUSBAND.
Guest
(Expert) 22 January 2018
Mr. Jigyasu,
Could you see any reference of property in my reply?
Sudhir Kumar, Advocate
(Expert) 22 January 2018
If her husband had a share in any property then she has a share or else nothing.
Guest
(Expert) 22 January 2018
@ Mr. Sudhir Kumar,
No valid justification!
Please read the title of the question, which clearly states, "widow rights in MOTHER IN LAW's property." Where arises the question of husband's share. Even the main description does not give any inkling about husband's property or his share.
Sudhir Kumar, Advocate
(Expert) 23 January 2018
as long as mother in law is alive teh property may be her self acquired. She can will it.
However if not willed the share of her deceased son will devolve upon widow of deceased son.
But the querist is not at all clearing the facts.
Guest
(Expert) 23 January 2018
@ Mr. Sudhir Kumar,
Do you mean that the querist has asked you about her right after 30-40 years, when her mother in law would die?
When could not justify your earlier advice, what is the use of making vague and irrelevant posts to advise her about the uncertain post death scenario of her mother in law, who is alive? More so, the querist has not asked for the share from mother in law after her death to happen after 30-40 years and wait for such a long period for financial assistance, which she is in need today.
You are wrong to assume that the querist is not clearing the facts, when she has already stated about property of her mother in law and no financial help from her mother in law.
Guest
(Expert) 23 January 2018
@ Mr. Sudhir Kumar,
You can wait for her clarification on facts for indefinite period, as hypothetical academic queries are not supported by any background or facts.
