Mother property but son wife asking share as son died

5 years ago

Sir
As it's mother property. Two son one daughter.. both son married. Sister married but it's divorced and staying in mother home. Father expired... after that my elder brother died.. Now my elder brother wife asking share that is part of my husband share.. as my elder brother married against parent... it's love marraige. Now she asking share as my elder brother has one baby daughter 11 years old. Now mother will not accept as a son wife as it's against marriage. Does son wife claim her share. Please clarify

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VIMAL K MISHRA

Responded 5 years ago

A.approach to vidhikarya lawyer for further legal procedure.

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Deepak Yashwantrao Bade

Responded 5 years ago

A.Better way to consult with experienced property lawyer for further process or kindly contact with vidhikarya lawyers for your query resolution.

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ROBERT D ROZARIO

Responded 5 years ago

A.During the lifetime of mother-in-law, a widow daughter-in-law is not entitled to claims on the self-acquired property. However a widow daughter-in-law has a right of residence in a shared household under the Protection of Women from Domestic Violence Act.

If mother-in-law has expired and bequeathed the property to any surviving sons or daughter, then the widow daughter-in-law and her children will not be entitled to claim on such self acquired property.

However, if the mother-in-law died intestate, then the children of the widow daughter-in-law has a right of a share in the grandmother's property.

Note: The SC in the SR Batra versus Taruna Batra case had also held a house which was the exclusive property of a mother-in-law could not be said to be a shared household during her lifetime.
Accordingly, Section 4 of the Hindu Adoption and Maintenance Act, any liability in respect of maintenance of daughter-in-law in the vent of the death of the son cannot be fastened upon the self-acquired property of the parents-in-law.

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Manjula Shanmugasundaram

Responded 5 years ago

A.It depends on the nature of property. If the property is you mother's self acquired property, a share may not be compulsory. But the child remains entitled to maintenance if not share.

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Anonymous

Replied 5 years ago

Madam,
The below meaning bit confused..
"But the child remains entitled to maintenance if not share."
As the property pertains to mother name..being a grand mother she will told to take care her career or marriage expenses or study or some part of the amount to fixed deposit for long term growth. It may utilised her future benefits.
Baby mother refuse the offer and she will ask hard cash or part of the property in her husband share..

Please Guide or advise.

Regards
Maruti

Ambrose Leo

Responded 5 years ago

A.Once married can claim for share.better to consult a Property professional lawyer to guide & help you in claiming your share.

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