Can father in law claim share in my husband's property

669 votes

You have not mentioned your religion. In case of a Hindu male dying intestate under the given scenario, the following is applicable: 1) Once the family property get partitioned and the B schedule property is allotted to your husband it became the property of your Husband. 2) On the demise of your husband the following person are the first class legal heirs. Widow (you), his children and his mother. 3) Your father in law is a Class 2 legal heir, as such he cannot claim any right directly under the given circumstances. 4) However as i stated above your mother in law have an equal 1/4 claim along with your children and yourself i.e., the given ratio is you are getting 1/4 of share, your minor children getting 1/4 each and finally your mother in law will get 1/4 of share. These ratio is also applicable for your husband's self earned properties if any.
Also to be noted you are the default guardian of your minor children until they attain their majority.

Advocate GP Vijay LawRato

520 votes

The legal heirs of your deceased husband are his wife, children and his mother.

Your father in law is not a class I legal heir hence he cannot claim any share out of his son's property.

While the class I legal heirs are living, the lass II legal heirs cannot come into picture.

Hence you need not give any share to your father in law but your mother in law is entitled to an equal share to that of you and your children.

Your mother inlaw shall be entitled to 1/4th share in the property.

You may either go for an amicable partition or can file a partition suit for partitioning your deceased husband's property and for separate possession of your share and that of your minor children share.

Advocate T Kalaiselvan LawRato