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Haragopal Nadukuru   06 December 2023

suitable compensation or responsibility

I know a couple who is childless. recently the husband died of cancer. the wife is bedridden with neurological problems for 2 years.
till the husband's death, the couple were staying in a flat and were taken care of by his old father.
the flat is on the name of the husband and his mother who expired 5 years back.
After the recent death of the husband, his siblings are asking the bedridden wife to go to her native place and that they will give 20 lakhs as compensation.
the value of the flat is around 80 lakhs.
also, her father in law has other properties.
What rights does the widow have? any additional rights as per law for a bedridden person?


Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

She is the lone legal heir of her deceased husband, hence she only has full rights over the property after the demise of her husband.

She can refuse to vacate and she can also transfer this property to anyone of her choice either by a sale deed or a gift deed.

There is no compulsion on her to accept their offer.

Her husband's siblings do not have any rights over the property at least not during her lifetime

1 Like

Dr. J C Vashista (Advocate and Legal Consultant)     07 December 2023

What is the basis / pretext for asking wife to vacate her flat i.e., why she may leave her property?

Facts posted are prima facie hypothetical. 

Haragopal Nadukuru   07 December 2023

Sir

Thankyou very much for the prompt reply...

The flat is on the name of the bedridden person's husband and his mother. Since the mother expired 5 years back, won't the mother's share go automatically to her husband ie father in law of the bedridden person?

T. Kalaiselvan, Advocate (Advocate)     07 December 2023

You are right that being one of the legal heirs, he shall be entitled to a share out of her share in the property.the legal heir  upon her intestate death.

Now upon his death his half share and his share out of his mother share shall devolve on his wife

The siblings of her husband cannot ask her to vacate or evict her forcibly.

She can give a complaint to police if she is forced to leave the house or she can file a suit for partition as well as injunction to restrain them from forcibly evicting till the disposal of the suit.


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