Rights of a widow to reside in her father in law property
Tanvi aggarwal
(Querist) 31 March 2014
This query is : Resolved
There is a law for widow framed in year 2005 as per which the father in law cannot cannot ask his sons widow to leave the house. can you please tell me the exact clause and section with the act.we have received a notice to empty the house.
Tanvi aggarwal
(Querist) 31 March 2014
after my dads death within a month my grandfather has transferred his own property to his other son, does my mother have any right on it ?
ajay sethi
(Expert) 31 March 2014
if your grand father was absolute owner of property he is at liberty to transfer it in favour of other son if he so desires
ajay sethi
(Expert) 31 March 2014
it appears that father in law is absolute owner of property . if your husband had any share in said property then on his death widow cannot be asked to vacate the house
Devajyoti Barman
(Expert) 31 March 2014
Yes, first disclose who is the owner of the property and how did he acquire it.
R.V.RAO
(Expert) 01 April 2014
the issue to decide is whether the property of your grand father is ancestral property or self acquired property.
if it is his self acquired property, during his life time,he can dispose off/transfer /gift the property in any way he likes.
but,if any owner of property dies without a will,(intestate) all his class 1 legal heirs like his mother,wife,sons,daughters (and if these legal heirs are predeceased,then legal heirs of these people) have right ,title,or claim for an equal share in such intestate property.
On the other hand,had it been ancestral property(running from 3 generations and coming to the present generation ), all legal heirs including female legal heirs have an equal share in the property.(this right of female legal heirs started from the hindu succession amendment act 2005.
as regards, the rights of a widow, she can file a suit to uphold her right to a place of living in her late husband's house.if she is ill treated , she can file case under D.V Act.
R.V.RAO
(Expert) 01 April 2014
pl. read the words grand father in above reply as father in law.
Tanvi aggarwal
(Querist) 01 April 2014
My grandfather is the absolute owner.. We have a right to live in that house or does the right gets affected because my grandfather has transferred the property?The property was transferred within a month to my tayaji after my fathers dad. We have received a notice from my tayajis lawyer to vacate the house within 60 days.
Tanvi aggarwal
(Querist) 01 April 2014
Somebody told me as per some law made in 2005 a widow has a right to live in the house she has been living since marriage. Can you tell me which law is that ?
T. Kalaiselvan, Advocate
(Expert) 01 April 2014
I think a local lawyer who after assessing the local situation will be able to advise you properly about the next course of legal action on the subject.
R.V.RAO
(Expert) 02 April 2014
Yes. a widow is entitled to the right of seeking a place to live .
section 14 of hindu succession act deals with women's rights of property and
in komalam amma Vs. kumara pillai raghavan pillai and others THE SUPREME COURT GAVE SUCH JUDGEMENT SAying
MAINTENANCE AS WE SEE IT MUST NECESSARILY ENCOMPASS A RESIDENCE.MAINTENANCE IS GIVEN SO THAT SHE CAN LIVE IN THE MANNER IN WHICH SHE WAS ACCUSTOMED TO LIVE.THE CONCEPT OF MAINTENANCE INCLUDES,FOOD,ROOF OVER HEAD,CLOTHING .PROVISION OF RESIDENCE CAN BE GIVEN BY PROVIDING A LUMPSUM OF MONEY OR PROVIDING PROPERTY IN LIEU THEREOF.
SO A HINDU WOMAN IS GIVEN A PREEXISTING RIGHT TO MAINTENANCE...
In another judgement favoring a widow's interest, supreme court in THE case of Tulasamma VS,SESHAREDDY, held that a widow is entitled to maintenance out of her deceased husband's estate,irrespective of whether that estate is in the hands of his male issue or other coparcener ...
a suit may be filed by the widow in the light of above supreme court judgements and sec 14 of hindu succession act seeking a place to live and right to continue in the same house as that of her husband .
apart from that,if she is ill treated and pressure is brought to vacate her,she can file domestic violence suit also.
