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.

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Quick Summary

This discussion explores a widow's rights to claim her deceased husband's share of property, especially when the properties are in the mother-in-law's name. If the properties were self-acquired by the mother-in-law, the daughter-in-law and grandchild generally have no automatic claim. However, if the properties were inherited by the mother-in-law from her deceased husband, her son (the deceased husband) would have had a right, which can then be claimed by his legal heirs, including the widow and child, through a partition suit. Seeking legal advice is recommended for specific circumstances.

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

kavksatyanarayana (Expert) 16 June 2025
You stated that all the properties are in the name of the mother-in-law. So, the daughter-in-law or granddaughter cannot claim them as a right.

Advocate Bhartesh goyal (Expert) 16 June 2025
Daughter in law and grand daughter have no right to claim any share in the self acquied properties of mother in law.during her life time.

Dr. J C Vashista (Expert) 17 June 2025
Incomplete information qua the source of acquisition of the properties by mother-in-law, religion of the party and reason for seeking vis-a-vis denial for partition by mother-in-law cannot lead to form proper opinion and oblige.
It is better to consult a local prudent lawyer for forming proper opinion, professional advise and necessary proceeding if it is not a hypothetical matter.

Sudhir Kumar, Advocate (Expert) 18 June 2025
Even if the property is self acquired then unless willed/sold/gifted by the deceased the grandchild can claim share.

Sri Vijayan.A (Expert) 24 June 2025
How the MiL got the properties is not clearly given by you.
You have stated that all the properties are in her name, it means these are her self acuired.
In that case, she can do anything as per her wish.
The DiL or grandchild has no right to do against her wish.
Instead of making trouble, the DiL can request.

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