Hi,

I am  a widow.  since two years.. Myself and my husband  were living seperately. we were not in good terms  with  my in laws..

My father in law  died a  year back...He had a  property   which he has registed a gift deed in favour of his youngest son's name.... since I  am unable to maintain on my own..can I go to court  claiming for  maintenance...

It is not clear from your query, whether the gifted property is your father in law's self acquired or ancestral property."

It hardly matters whether the property gifted by your father in law was ancestral or self acquired or whther that property was disposed off by him in favour of his yongest son by way of bill. Your matter is just maintenance which you can definitely claim from your husband and not from the property of your father in law.

Sujatha ji,

Without knowing whole case details cann't give any suggestion.

Mr Makkad

It matters since a ancestral property cannot be gifted whereas a self acquired property can be gifted, this is relevant especially in view of S 19 (2), which reads as follows:

Any obligation under sub-section (1) shall not be enforceable if the father-in-law has no means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.

Obligation of in-laws to maintain daughter-in-law arises only when the husband has died.  Such an obligation can be met from the properties of which the husband is a co-sharer and not otherwise.

If the property is not self acquired by your father-in-law you have every right to ask for your husband's share in it.  Since you said you are a widow now you cannot ask for maintenance because, he who has to maintain is no more.  Even if your father in law were alive, you cannot ask maintenance from him.  Now you have the only remedy of claiming of your husband's share in the property - whether you had good living with him or not is now immeterial.  Its better appraoch a lawyer.

Hi,

My Father in law   has already  made a gift deed in favour of his youngest son...and the property is a self acquired one.. Is itm possible to ask for maintenace  form the youngest son?

No.