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Property Claim by wife of son where son passed away due to illness


29-Aug-2023 (In Property Law)

I lost my only son due to illness. He has no children. My daughters are married. I have no source of income. My son,s wife is claiming a share in the property of my late husband & also in the house which is in the joint name of my son & me & which was bought before his marriage. There is home loan of 30 lacs to be repaid. My daughters are paying the EMI. My daughter-in-law is employed with a handsome salary. She is young & would remarry in the future. How do we protect our interest in the property?

Answers (1)

Answer #1
527 votes
It is not cl from the abovementioned facts that whether the property is ancestral or self earned of your husband so unable to advise you correctly. Still if you wish to proceed legally then you file civil suit for declaration & injunction and also a criminal case under Domestic violence Act aginst your daughter n law seeking all the relifs your in need off. It would be advisable that instead of you prosecuting her let her initiate and you defend the same as the property is in name of your husband & son. For prevention, you can publish a public notice as well as informe the concerned revenue officees not to create any entries or right of third-party without informing & written notice to you.

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