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Ahana Mehrotra   18 September 2022

Widow's share in mother-in-law's property

My husband died two years ago after which my in-laws stopped supporting me financially. Last year, my mother-in-law also passed away. Under the Hindu Succession Act, can I claim my husband's share in her property if she died without making a will? 

The properties in which I wish to claim are:

1. Share in the residential apartment originally owned by my father-in-law's mother and then given (by will) to my mother-in-law. 

2. Share in the commercial property bought from the proceeds of sale of my father-in-law's self-acquired property but in my mother-in-law's name. 

I have a brother-in-law and a sister-in-law, and we are all Hindus. 



Learning

 3 Replies

Advocate Bhartesh goyal (advocate)     18 September 2022

Yes, you have right to get share of your husband in the properties both residential and commercial left by your mother in law.If your brother in law and sister in law deny to give your 1/3 share then file suit for partition against them and claim your share.

Dr J C Vashista (Advocate)     18 September 2022

I concur the opinion and advise of expert Mr. Bhartesh Goyal ji.

File a suit for partition and possession in the civil court of jurisdiction through a local prudent lawyer.

You should also seek the relief of permanent injuction against brother and sister in-law qua creating third party interest in the properties left behind by your mother in-law.

Sourav Das (Advocate Supreme Court of India)     18 September 2022

Yes, you can claim share of your husband,  if you have child. 

If you do not have child,  then you can not.


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