Can a widow wife claim a her deceased husband's property
RAMESH R (RAMU)
(Querist) 16 June 2025
This query is : Resolved
Hi All,
In a case a widow wife having a girl child, she is staying in her mother-in-law's house and taking care of her. They have 5-6 properties (all in the name of mother-in-law), and the income getting from those properties is taken by the mother-in-law and she is not giving any money to the daughter-in-law for expenses and to take care of child. Instead, she (mother-in-law) opened a joint account with her daughter (married) and kept all income in that account.
The Parents only have 2 children, a Son and a daughter. Here, Father-in-law, Son is no longer alive. The mother-in-law is selling some portion of the property without the knowledge of the daughter-in-law, and the amount received from the sale of the property is also given to her daughter.
In this situation, the widowed wife asked her mother-in-law to make her husband's portion property in her name or in the name of her minor daughter. Now the mother-in-law is saying I will not give anything to you, and she is saying I will give all the property to her daughter. Do whatever you want.
Kindly suggest the rights of the widow & Child of the deceased husband to get the Portion of her deceased husband.
Can a widow claim the portion of property of her deceased husband?
Can a widow file an injunction to not sell/modify the status of any property?
Can a widow wife claim a partition suit for her deceased husband's portion of property?
What legal right can she exercise?
Thank you all in advance.
T. Kalaiselvan, Advocate
(Expert) 16 June 2025
If it is the self acquired proeprty of the mother in law then the daughter in law cannot claim any share in it as a right.
If it was a property inherited by her from her deceased husband then her son is also having rights in the property which will be succeeded by his own legal heirs upon his intestate death.
In the event of latter, ashe can file a suit for partition and claim her deceased husband's share as a right.
So make sure the details of property in order to enable her to claim if she is entitled to a share
