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Amit (Ex. Engineer)     06 October 2012

Right of widow in self owned property of father in law

My Brother expired before two years since from 14th dy of brother death my brothers wife(My Whini) not living with us.... she has 3 yrs girl child... she living with her father n mother......

all lic funds n brothers saving n marriage gold we already giving to her.....

now my father live with my mother in his self owned house n my question is related to this house.... now my father has two girls child one me n my elder sister both we r married..... when my father wants t sell this property is their any rights of my widw wahini or my neice in this house property....

n one more thing for selling bike which is on my brothers named we take warasa-hakka certificate in that waras mention like my wahini first second my neice  n third my mother....n in that it mention bank, muncipal properties having these waras so that certificate affects when my father wants to sell his self owned house please reply me soon



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 7 Replies

Sanjeev (Lawyer)     06 October 2012

No she or niece dont have any rights on the self aquired property of her father in law

Anish Thakur 7018812737 (advocate)     06 October 2012

there is no right of daughter in law in self acquired property of father in law and even in share of father in law from ancessostral property ,she can claim her right in only her husbands property only,

Ranee....... (NA)     06 October 2012

Aneesh, does a widow really does not have any right over ancestral property also.But I have read in LCI before that widow is entitled to get her husband's share in ancestral property.

Clarify If I am wrong.

sathish babu (advocate)     07 October 2012

She doesn't have any right over her father in law's self acquired property. But in the absence of her father in law, which means after his life, she and her children hav right to get their share!

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 October 2012

1. She or the neice have no right during the lifetiem of father in law. He can gift/sell/will away his property.

2. However if on his death - there is no will - you/widow(mother)/neice (as legal heir to deceased son) would get property in equal shares.

Anish Thakur 7018812737 (advocate)     07 October 2012

@ranee ,you are also right ranee ,widow have also right over the share of her husband in the ancessostral property.

Amit (Ex. Engineer)     08 October 2012

But give me idea related to that "Waras Certificate" in that they mentioned like my mother not educated n not able to taking any decisions regarding property(which is not true) n my neice is so small n under her mother care so please it gives all auhtorities to take decisions of property to my wahini n property of my brother name and it mentions my father  name also in that,,,,

n one more my brother dont hav any house or plot in his name then also municipal property mention in that certificate


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