Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Wife's right in deceased husband property

Querist : Anonymous (Querist) 17 February 2020 This query is : Resolved 
Hi Experts,

My sisters husband is recently died. What is her claim in his property ?
None of the property was in the name of her husband.
Can she claim compensation before moving to my home ?
Does she has any right in the property of in laws?
I am based in Mumbai , kindly help.
Raj Kumar Makkad (Expert) 17 February 2020
I presume your sister as a Hindu. Right of succession arises only on the death of predecessor in interest as per Hindu Succession Act. At the time of the death, your brother in law was having no property hence the question of any property in succession do not arise. In case of death of any predecessor in interest of your brother in law in future, you sister being the successor of your brother in law shall be entitled to inherit but as on day, she is not entitled for the grant of any compensation as per Hindu law but if she is unable to maintain herself then definitely it is the liability of her parents in law as per the provisions contained in section 125 Criminal Procedure Code as well as under DV Act, 2005.
Querist : Anonymous (Querist) 17 February 2020
Sir, if ur based in Mumbai , kindly give me your contact so that i can call u
Raj Kumar Makkad (Expert) 18 February 2020
I do reside in Chandigarh so I do not fulfill your requirement so better to go in the database of this site and search for the experts residing in Mumbai.
Querist : Anonymous (Querist) 18 February 2020
Thanks for your advise
Hemant Agarwal (Expert) 18 February 2020
1. IF the Property is Self-Acquired by Parents (or say In-Laws), THEN the Daughter-in-Law (Sister) has no rights to claim anything from her Husband's Parents, irrespective of any criteria, whatsoever.

2. However, the Grand Children of the In-Laws (means children of their Son) shall perpetually be entitled to stake claim /rights over such property of Grand Parents, subject to other parameters.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Sudhir Kumar, Advocate (Expert) 18 February 2020
My sisters husband is recently died. What is her claim in his property ?

SHE CAN GET WHATEVER PROPERTY WAS THERE IN HIS NAME.
Sudhir Kumar, Advocate (Expert) 18 February 2020
None of the property was in the name of her husband.

THEN HER CLAIM IS ZERO.
Sudhir Kumar, Advocate (Expert) 18 February 2020
Can she claim compensation before moving to my home ?

SHE HAS A RIGHT TO RESIDE IN THAT HOUSE.

Sudhir Kumar, Advocate (Expert) 18 February 2020
Does she has any right in the property of in laws?

YOU NEVER TOLD WHETHER SHE HAS OR DOES NOT HAVE ANY CHILD.
Sudhir Kumar, Advocate (Expert) 18 February 2020
i endorse the views of Mr Makkar on her maintenance angle.
Guest (Expert) 18 February 2020
Mr.Sudhir Kumar Saheb -- makkar meaning in English -- City Sticker (noun) or bloody minded (adjective ) please
Raj Kumar Makkad (Expert) 18 February 2020
Everyone knows who is bloody minded here, why to ask it from Sudhir?
Raj Kumar Makkad (Expert) 18 February 2020
There is a lot of difference between bloody-minded and blood sucker, mind it concerned person.
Raj Kumar Makkad (Expert) 18 February 2020
Blind opposition sometimes closes the doors of mind and such person starts asking such silly questions which ultimately make him a person of sick mind.
Raj Kumar Makkad (Expert) 18 February 2020
Mr. Sudhir should even start tutorial class for a sick person claiming himself to be an expert of Law.
Raj Kumar Makkad (Expert) 18 February 2020
There is also a difference of Makkar and Makkad but the person of a feeble mind has nothing to do with the spelling or the exact name of the person with whom he is referring.
Raj Kumar Makkad (Expert) 18 February 2020
Still I pray God to cure such mindless person so that he may somehow survive in the field of law for himself and his family what to talk of his contribution for the welfare of the society.
Dr J C Vashista (Expert) 19 February 2020
I request the experts to stop personal comments, especially Mr. NJS Raj Kumar ji, and focus to render social service to needy litigants.
Dr J C Vashista (Expert) 19 February 2020
Your brother in law was Hindu or professing any other religion since there is difference in personal laws. Please post relevant facts of your query for proper consideration and oblige.
Dr J C Vashista (Expert) 19 February 2020
Your brother-in-law did not own any property in his name in that case your sister can/shall have right in the share of her deceased husband's ancestral property (ies). Whether he (deceased) had any ancestral property or not ?
Your sister and her children is/are entitled for maintenance from her parents-in-law as share of her deceased husband's/father's estate.
Dr J C Vashista (Expert) 19 February 2020
It is advisable to consult and engage a local prudent lawyer to analyse the facts/ documents, professional guidance and necessary proceeding.
Querist : Anonymous (Querist) 19 February 2020
Thanks all for your valuable inputs
Raj Kumar Makkad (Expert) 19 February 2020
Thanks Mr Vashishtha for his kind advice. I shall not provide any chance from my side even in future to make any complaint but can;t take any guarantee from others.
T. Kalaiselvan, Advocate (Expert) 23 February 2020
As confirmed by you that there was no property left behind by your deceased brother in law even though he has been reported to have died intestate, your sister has nothing to claim.
The properties lying on the name of her in laws re their own and absolute property and nobody can claim any share in it as a right at least not during their lifetime.
It at all there is any interest that may be created on your deceased brother's in laws name in future, then your sister can claim a rightful share out of that interest.
Guest (Expert) 25 February 2020
Makkad makkar needs some guarantee and obviously to makkad / makkar no one would come forward to be his guarantor
Guest (Expert) 25 February 2020
Insecurities are always Louder
Raj Kumar Makkad (Expert) 25 February 2020
Everybody knows who is insecure and absurd, none needs any proof.
Raj Kumar Makkad (Expert) 25 February 2020
The villain among the experts needs no introduction who occasionally comes here and just flies back after making his fool comments.
Guest (Expert) 26 February 2020
" A Quick temper will make a Fool of You ( makkad/makkar ) soon enough --- Bruce Lee
Raj Kumar Makkad (Expert) 26 February 2020
Palmistry is goo profession for one of the so-called experts who instead of having knowledge on law predicts future of others. God bless Him.
Guest (Expert) 28 February 2020
Makkar / Makkad bhai not only Palmistry all the honest and sincere professions are good or goo as mentioned by illiterate please
Guest (Expert) 28 February 2020
Also note our Bruce Lee is an Expert of Martial Arts and not a Palmist
Guest (Expert) 28 February 2020
Makkar / Makkad should watch Bruce Lee's Enter the Dragon which I had watched more than 50 times in my school days obviously cutting the classes some times
Guest (Expert) 28 February 2020
Makkar / Makkad since he is Idle for a very long period he could start watching the film " Dilwale Dulhaniya Le Jayenge " Starring Sharukh Khan and Kajol which is running uninterrupted for more than 24 years in the Theater " Maratha Mandir " at Mumbai Central Mumbai. Makkar/ Makkad could spend his time usefully watching this movie for another 3 or 4 decades instead of getting annoyed here please.. It is just an very humble suggestion please
Raj Kumar Makkad (Expert) 28 February 2020
Thanks for suggestion for watching movie and its seems the expert suggesting herein is having only the knowledge of film only.
Raj Kumar Makkad (Expert) 28 February 2020
Strangely how the suggestive expert couldn't identify Bruce Lee intercepting him here.
Raj Kumar Makkad (Expert) 28 February 2020
A man cannot express more than his own knowledge and understanding of things so why to feel bad of childish comments of one of so-called expert. God provide him strength to think properly.
Raj Kumar Makkad (Expert) 28 February 2020
The so-called child expert forgot to address the problem of author rather he misused his thread for his childish comments not warranted here. Still he is an EXPERT!!!!!!!
Guest (Expert) 28 February 2020
Brainy Quotes --- So many older people (like our makkar/makkad ), they just sit around all day and they dont get any exercise .. Their muscles atrophy and they loose their strength ,their energy and vitality by inactivity..-- Jack le lanne
Querist : Anonymous (Querist) 28 February 2020
I understood.
I am marking this as RESOLVED.
Thanks everyone for input.
Plz do not reply further
Raj Kumar Makkad (Expert) 28 February 2020
One childish expert is very eager for my health. God bless him mindful thinking over the age of 10th student.
Guest (Expert) 29 February 2020
Not only makkar's physical health his statements also confirms its high time for his mental health treatment also please


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now