right of a widow.
bijay prasad
(Querist) 07 August 2016
This query is : Resolved
A 50 yrs widow was residing in the house of her late father in law along with her mother in law and brothers in law. Her brothers in law on the consent of mother sold all properties that was in the name of her late father in law at their native village in u.p and the amount was distributed among themselves but she was not given her share and all the transactions were kept secret from her. The present house is constructed on the land of railway taken on lease by her father in law and presently this is only immovable property in the name of her father in law. Recently she underwent prolong treatment but her in law refused to pay the expenditures of treatment finally her only married daughter paid for treatment. On being discharged by doctor her parents in law did not allow her entry in the house and hot arguments took place she called police but her brother in law showed some unregistered agreement wherein she has declared that she and her daugher as no right to claim over the properties. Police did not accept fir as her one brother in law is an army officer who managed the police. She then thrown out from the house and finally she took shelter at old age home. She want take her last breath from that house from where her husband died and donate her share. She even do not know where her father in law's property located in u.p. as such information was never share with her. Is there any legal way to her for recovery of her share and what legal action available to her. Can she claim her share on the house. Please consider her case sympatheticifally and advise.
Ms.Usha Kapoor
(Expert) 07 August 2016
Dear Client,.
your acquaintance's widow has a right to live in her father in laW'S HOUSE IF THEY ARE hINDUS. sHE CAN CLAIM her late husband's share in the Joint Hindu coparcenary PROPERTY AND SINCE you've stated that they have disposed off all their properties in her father in law's name she is entitled to equivalent amount of money/moiety in proportion to her late husband's share in the property.Tell her to contact local Lawyer either from Legal Aid panel attached to the District court or you engage a good lawyer as a wellwisher. IKf she wins her late husband's share along with her right to stay in hr father in laws residence court will award litigation expenses alo. You can claim the lawyer fee you paid from her after she wins the case.
Kumar Doab
(Expert) 07 August 2016
You have posted that:
"her brother in law showed some unregistered agreement wherein she has declared that she and her daugher as no right to claim over the properties."
You may update your counsel that Has any such declaration been indeed signed by her!
R.K Nanda
(Expert) 07 August 2016
Nothing to add.
Rajendra K Goyal
(Expert) 07 August 2016
She has to find the details of sold property which was in the name of her deceased father in law. She and her daughter has share in that property and present house. Both (mother and daughter) should file case to declare the sale deed cancelled / for partition their share.
Discuss with local lawyer.
bijay prasad
(Querist) 07 August 2016
She is not literate had signed the agreement after death of her husband under compulsion as her parents in law (then joint family) were throwing her out of house. Her parents in law had kept condition either sign the agreement and hand over all amount obtained from insurance of her husband to her younger brother in law and take shelter with them till her death or leave their house. They have also taken her signature at several occasion. Is there legal provision to quash the agreement.
bijay prasad
(Querist) 07 August 2016
She is not literate had signed the agreement after death of her husband under compulsion as her parents in law (then joint family) were throwing her out of house. Her parents in law had kept condition either sign the agreement and hand over all amount obtained from insurance of her husband to her younger brother in law and take shelter with them till her death or leave their house. They have also taken her signature at several occasion. Is there legal provision to quash the agreement.
P. Venu
(Expert) 07 August 2016
Is the deed registered?
adv.bharat @ PUNE
(Expert) 07 August 2016
Show full case file to local lawyer and discuss in detail.
Dr J C Vashista
(Expert) 08 August 2016
1. The widow and her daughter have a right in the property owned by her father-in-law.
2. Unregistered agreement has no evidentry value, unless it is a registered "Relinquishment Deed", that can also be challenged and nullified.
3. Consult and engage a local prudent lawyer.
Kumar Doab
(Expert) 08 August 2016
You can benefit from the advise of experts.
Approach your able counsel.
malipeddi jaggarao
(Expert) 08 August 2016
Agreed with the advice of Dr J C Vashista in particular and all other experts.
