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Seema Dutta (Self)     22 November 2018

Claiming husband's share in property

A married Women, with my 2 years old son, living at my mother's house, I was seperated from my husband past 3 years back (divorse was not given). My Father-In-Law died in 2011 (before my husband), without any WILL, leaving his Widow (my mother in law) and his 3 sons (1 my husband, 2 other sons). Now, recently my Husband died in 2017, I was informed by his relatives but I did not go at his last rituals and said his relative that I am no way emotionally connected to my husband from past 3 years. Since my father-in-law (absolute owner of his self occupied property) died long back before my husband's death, can as dauther-in-law (a widow of his son) I clam share of my Husband's part?



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 3 Replies

Vijay Raj Mahajan (Advocate)     22 November 2018

As widow of the deceased husband you and your child along with his mother are the class 1 heirs of the property of the Hindu husband. The share of your deceased husband in his father's property inherited by all the 3 class 1 heirs, you and your child get 2/3 part of the share of your deceased husband, claim it.

Advocate Bhartesh goyal (advocate)     22 November 2018

Yes,you are entitled to get the share of your deceased husband in the property left by your father in law.claim it.

K.K.Ganguly (Advocate)     22 November 2018

1. You and your son will collectively inherit equal share of of your deceased husband's share of his late father's property.

 

2. Your father in law's property will be divided in between his widow and 3 sons i.e. the share of youyr husband on the said property will be 1/4th and out of it you and your son will jointly get 2/3rd share.

 

3. So, you and your son will jointly get 2/12th of the total property left by your deceased father in law.


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