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Share of widowed wife in her husband's property


12-Jun-2023 (In Family Law)
hi, i have a widow sister, her husband was an government employee and as per government orders she got a class-4 gov job. she has 2 daughters of age 12 and 13 years respectively. now the problem is my brother-in-law's has 2 brothers and his father dead and his mother a live they are saying to my sister that she wont have any rights in their husband's father and mother property. did she get her husband's property or not. if yes please let me know how to proceed. my sister is not interest to go courts for long. please gave me suggestion to complete it in a short span of time
Answers (4)

Answer #1
873 votes
Hello,

Your sister has no rights in her in laws' self acquired property or the ancestral property of her husband. However, your sister can claim rights in the ancestral property of her husband through her children.
Answer #2
605 votes
According to the facts placed before me your sister will have right in the share of her husband in his father's property. Your sister's husband has one fourth share in his father's property. Your sister and her daughters will have one third share each in the property of her husband. If her brothers in law and mother in law deny the rights of your sister she can settle the same through mediation of elders or others .Otherwise your sister has to go to Court of Law to agitate for her rights. There is no speedy way.
Answer #3
659 votes
Dear Client,
Information is not sufficient. Whether your sister`s father in law has self acquired property or ancestral property. The share in property to be claimed is, your sister`s father in law`s own property, that is to say his self acquired property or he got property from his father. If the property is your sister`s father in law`s own property, then he can alienate the same by way of will. If the property is ancestral property he will not do anything and your sister`s husband has one share even though he died and your sister can claim one share thorough him. Another way even your sister`s father in law has self acquired property and did not execute any will and died intestate, then every person that is his sons, daughters if any and wife got equal share in the property. Any way first of all get issue a legal notice through an expert advocate who do practice in civil side demanding the share of her deceased husband for her, and her daughters. Then they will say whether the property is self acquired property of her father in law, or any will was executed by him or not or ancestral property or not . But your sister must furnish the full details of property for claiming share. Take expert legal advise.
Answer #4
807 votes
Hello.your sister and sister children's are eligible for grandfather's property and also your sisters share was eligible.you file in civil suit for partaion.you complesorly fight them .You contact in civil advocate.

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