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How to get my in laws property share
24-Mar-2025 (In Divorce Law)
I filed sec9 and 498A. Husband filed sec 13 1 ia. No kids. Current status of both cases club and trials going on. My inlaws have properties divided by their parents. If any one of my inlaw dies without writing WILL shall I got share in their property. If not at what scenario I got a share in their property. Please provide details.
S.Gunasekar Advocate Answer.
Since you have filed cases under Section 9 (RCR) and 498A IPC, and your husband has filed for divorce under Section 13(1)(ia) (cruelty), your legal status as a wife is currently in dispute. Now, regarding your rights in your in-laws' property, here’s how it works:
1. If Your In-Laws Die Intestate (Without a Will)
As a daughter-in-law, you do not have any direct legal right over your in-laws' property.
If your husband is alive, he will inherit a share as per Hindu Succession Act, 1956 (assuming you are Hindu).
If your husband dies before inheriting the property, you (as his legal heir) will inherit his share along with other Class I heirs (if any).
2. If Your Husband Inherits Before You Divorce
If your husband gets a share from his parents before divorce is granted, you may claim it as part of your maintenance or alimony in a divorce settlement.
3. If Your Husband Inherits After Divorce
If the divorce is finalized before he inherits, you cannot claim any share in his inherited property.
4. If There Is a Will
If your in-laws write a Will, the property will be distributed as per their wishes.
You cannot challenge the Will unless there is valid legal ground (like fraud or coercion).
Conclusion
You do not have a direct right in your in-laws' property.
You may get a share only if your husband inherits and you are still legally married or claim it in a divorce settlement.
If the divorce is finalized before inheritance, you lose any right.
Would you like more details on maintenance or alimony claims?
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Adv. S Gunasekar
Chennai | 100+ Answers
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