90,000+ Legal Questions Answered
Widow right on the properties of her marital family
11 months ago
My sister being a widow. has got some death claims divided among her family members i.e., father in law, mother in law and herself. Her father in law is also having a property in his name. What is her right
A.Dear Client,
Your widow sister can claim the right to residence in the in-law’s property after the death of her husband but to claim ownership of the property of in-laws the provisions mentioned under Sections 19 and 22 of the Hindu Adoption and Maintenance Act, 1956 are compulsory to be proven before the Court in absence of which no right can be claimed. As a result, widows had only a limited estate in their deceased husband’s property, with the ability to request for partition. Thhe Hindu Succession Act, 1956 prohibits a woman from pursuing a division in r/o. joint Hindu family dwelling house unless the male heir chooses to seek partition of the property to divide the separate portion.
Your widow sister can claim the right to residence in the in-law’s property after the death of her husband but to claim ownership of the property of in-laws the provisions mentioned under Sections 19 and 22 of the Hindu Adoption and Maintenance Act, 1956 are compulsory to be proven before the Court in absence of which no right can be claimed. As a result, widows had only a limited estate in their deceased husband’s property, with the ability to request for partition. Thhe Hindu Succession Act, 1956 prohibits a woman from pursuing a division in r/o. joint Hindu family dwelling house unless the male heir chooses to seek partition of the property to divide the separate portion.
Helpful
Helpful
Share
Read Related Answers
EWS Certificate
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
POA from SriLanka to India citizen Resident Indian
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Darkast agriculture land sale
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Mutation of property in authority records based upon registered gift deed
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
Sell disputed property
Dear Sir,
Without mutation jointly in the names of legal heirs it cannot be sold. You have to provide all the documents as may be advised by the Advocate of Prospective Purchaser.
Read Blogs on Property
Property Lawyers
Find Lawyers by Location