Civil Procedure Code (CPC)

widow's right to husband's property

This query is : Resolved 

Querist : Anonymous (Querist)
26 September 2010

Dear Expert,

My husband passed away intestate, leaving behind myself & my in-laws. We have a flat which is registered in his name but both him & i were co-applicants in the home loan.

I would like to know is what my rights are regarding to the flat. Am i eligible to sell it? I was dependent on my husband at the time of his death. My father-in-law was working at the time of my husband's death & hence my mother-in-law was not dependent on her son. Is she also entitled to a share in my husband's property in such scenario.

Furthermore, my mother-in-law was the nominee to his insurance ploicy. Am I entitled to sum assured amount or not?

Kindly help me out as I am very confused in this matter.

Thanking you

Adv Archana DeshmukhOnline (Expert)
26 September 2010

Though our mother in law was not dependent upon your husband, she is also entitled for her share in the property, as she is also the class I heir of your husband along with you.

R.RanganathanOnline (Expert)
26 September 2010

As Class I heir, mother is entitled to a share in the son's property and estate when there is no "Will".

Rajeev kulshreshtha (Expert)
26 September 2010

Yes I agree with Adv Archana.

s.subramanian (Expert)
26 September 2010

Your mother-in-law is entitled to a share in the property and you are equally entitled to a share in the insurance amount.

Uma parameswaran (Expert)
26 September 2010

In insurance policy Mother- in - law is only a nominee you can claim your share.Just like you, your mother- in- law also have equal rights to her son's property.

M.Sheik Mohammed AliOnline (Expert)
27 September 2010

yes i agree with Advocate Mr. S.Subramanian

Chanchal Nag Chowdhury (Expert)
27 September 2010

U & your Mother- in - law have equal share in your deceased husband's properties including Insurance policies. It is immaterial whether your Mother- in - law was dependent on your husband or not. At the same time, it must be borne in mind that your Mother- in - law has equal liability towards your deceased husband's liabilities, if any.

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