LawRato

Need advice on inheritance of ancestral property


16-Jun-2023 (In Family Law)
rights of widow daughter in law and grand son-I am 30 years old widow and i have one son who is 7 years old. We are staying with my father in law and mother in law since my marriage in one independent bedroom and shared kitchen and bathroom. I am also handling the ancestral business since marriage. 1. As regards the above house that is on the name of father in law and mother in law equally. Although most of the payment was made by husband but i have no proofs except one joint housing loan of my husband and in laws 2. As regards the ancestral property that was allotted to the father of my father in law (Great Grandfather of my son) and thereafter it was transferred on the name of my mother in law with fabricated documents 6 years after the death of great grand father of my son. 3. None of the property was on the name of my husband. What reliefs i can avail regarding stay in matrimonial house, maintenance, continuation of ancestral property and rights of my child relating to property
Answers (3)

Answer #1
893 votes
In that case u can file suit for partition for reclaim your right for to stay in the said property along with stay so would stay there till the dispute of the case. It is the only solution in your case
Answer #2
699 votes
You have a right for maintenance and also for residence in your matrimonial home. You and your son also has a right in all ancestral property.
Although the facts what you have provided are not complete to ascertain your legal position. I need more details so that right legal advice can be provided and there after appropriate legal remedy can be sorted. Plz feel free to contact me any time.
Answer #3
881 votes
Section 19 of HAMA provides the following rights wrt Maintenance of widowed daughter-in-law

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law:

PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the father-in law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."