Fundamental rights of mother-in-law Fundamental rights of mother-in-law

3 years ago

1. What are the fundamental rights of mother over a property of one and only deceased son?

2. If a widow mother-in-law dosent have any income source and his daughter- in- law of deceased son dosent want to live with her and nor even she want to share pf, Gratuity, policy claim money of son with mother-in-law, in that case what are the rights of mother-in-law?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
1. There is no fundamental right, she is however, her son's legal heir.
2. She can claim an equal share of all the assets by virtue of her being a Class 1 legal heir. In addition, she will the sole beneficiary of any fund in which she was named the nominee.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
There is no fundamental right, the mother will however, have a right to succession.
1. She can claim an equal share as other Class 1 legal heirs.
2. As a legal heir, she can claim a portion of all these and any other amounts where she might have been named as the nominee.
If you found this helpful, please rate us.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Niyas Fazal A

Responded 3 years ago

A.Mother is legal heir of her deceased son so he can claim property and money monetary benefits.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 3 years ago

A.1. In such cases there is no fundamental rights. Right of succession is not a fundamental right of a person. In fact mother has statutory right of succession being class -1 legal heir in respect of her son property. She is entitled to equal portion
2. Mother has an independent right hence she can claim her equal portion in all properties be it movabke or immovable properties of her son including PF, gratuity, insurance claim etc.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMental Abuse and Harassment by Mother in law
Dear Client, Such kind of inhuman ill-treatment and emotional harassment by a mother-in-law towards her daughter-in-law deserves stringent action and strong protest by filing a complaint under Sec.12...
question iconMarriage and police related problem
Dear Client, The Police do not have any authority to interfere or relinquish the marriage of two consenting individuals who have attained majority. In case of false allegations and misuse of power by...
question iconStaying at husband house after court ordered monthly maintenance
Dear Client, In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court....
question iconHusband and wife problem
Dear Client, In case of marital issues, you can approach a family counselor to resolve the matter and seek appropriate assistance. Hope it helps. Thank you.
question iconSapinda relationship
Dear Client, Under the Hindu Marriage act marrying within your pinda ie Sa- Pinda is prohibited under the sec 5 of the Hindu Marriage Act for the reason that the biological offspring would be genetic...