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How can a widow claim property rights in her father in law's property
09-May-2023 (In Property Law)
my brother in law is died due to some bad health,but my sister's financial condition is very poor ,she has a son of 11 years old,so can my sister get some shares in her husband's property,but the complete property is on the name of my sister's farher in law, and he is still alive ,how my sister can get some shares in it?please tell
section 19, which states about 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 fatherinlaw
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 remarriage of the 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 fatherinlaw
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 remarriage of the daughter-in-law.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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