maintenance

kamakshi kesavaraj (Querist) 27 January 2010 This query is : Resolved
is it possible for a widow woman to get a maintenance from her father-in-law if her deceased husband have no property in his name n her father-in-law refuse to give her anythg? can she claim u/s 19 of The Hindu Adoptions and Maintenance Act,1956.

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Arvind Singh Chauhan (Expert) 27 January 2010
She can not claim maintenance from father in law, but can claim her share in ancestral property.

Sachin Bhatia (Expert) 27 January 2010
She can claim share in ancestral property, but can not claim Maintenance from father in law.

Raj Kumar Makkad (Expert) 27 January 2010
I do agree with Sachin.

kamakshi kesavaraj (Querist) 27 January 2010
thanks for reply...
she have 5 year old baby boy so can she calim for his maintanence r only she can go for ancestral property...

A V Vishal (Expert) 28 January 2010
S.19.Hindu Adoptions and Maintenance Act, 1956, speaks of Maintenance of widowed daughter-in-law:-
(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:

PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in law has not the 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 re-marriage of the daughter-in-law.