Rights of mother in family owned property

542 votes

Yes you can claim the property because u r falls in class one legal heirs of the deceased. But according to u there is will and you have to challenge thewill this is the only solution for your case. Kindly

Advocate Akhil Verma LawRato

758 votes

In a joint Hindu family a female certainly has a right to be maintained out of the joint family property. However whether a property can be set to be a coparcenary property or joint family property is a question of law and has to be determined on the facts of each case. In your case the property of the grandfather would amount to joint family property only when he would have got that property by intestate succession from his father that is your great grandfather. The property obtained by any other way that is to say by will or gift by great grandfather to your grandfather or more likely option the self acquired property of your grandfather then there is no inherent right in Hindu Personal law to be maintained out of the property of the father in law. If the house property is owned by grandfather then it becomes his self acquired property and in law he has absolute right over it. So there is nothing stopping him to transfer the house by WILL to whomever he likes whether a family member or even a stranger. However in Hindu law a woman is entitled to claim maintenance from her husband and in his absence from her father in law. The provision for grant of such maintenance has been provided in Hindu adoption and maintenance act 1956. Also it must be mentioned that in case the father had any self acquired property, upon his death, the mother and along with her the children being class 1 Heirs would certainly be entitled to such property.

Advocate Nikhil Sabharwal LawRato

809 votes

Hi. In the narrow conspectus of facts narrated by you, it appears that your can claim a right or share in the subject premises. But this right would be subject to the premises being an ancestral house. If the premises is a self acquired premises, in that event your mother wont be able to claim any right or share.

Advocate Shreyans Singhvi LawRato

820 votes

If the said property in the name of your grand father then you have full rights for takethe property and for registered in own name in equal share included ur sister. Before this, you registered the Requishment deed in favour of you. If you want the more detail please contact me at my mobile No. or at my office.

LawRato LawRato