Widow and her kids right in ancestors and husband's property

813 votes

Madam, you have not mentioned wether your father&mother in Law are alive or not.
As far as your share in ancestral property is concerned you are entitled for share of your husbands property.
If you are in possession over that property it will benefit you as well as your child

Advocate Saqib Siddiqui LawRato

640 votes

आप अपने ससुर पर मेंटेनेंस का दावा कर सकती हैं क्योंकि उनकी प्रॉपर्टी पर आपके बेटे आप आपके पति का पूरा अधिकार है और जब आप और आपका लड़का कमाने लायक नहीं है तो ससुर का पूरा दायित्व बनता है कि आप 125 के अंदर का दावा पारिवारिक न्यायालय में दाखिल करें जिसमें पारिवारिक न्यायालय ससुर के विरुद्ध अंतरिम अनुतोष और अंतरिम गुजारा भत्ता आपको प्रदान करेगा

Advocate Vishal Kumar Yadav LawRato

671 votes

Even muslims can also go for a case under 125 Cr.P.C. for maintenance for wife and children.
Yes you and your child have a legal right on the property if your brother in law has inherited the property of your husband or your husbands ancestral property.

Advocate Anant Saxena LawRato

941 votes

As per Muslim Law (Hanafi Law & Shia Law of Inheritance) -
A wife of the deceased having a child is entitled to 1/8th share in the property.

As per Hindu LAW (Mitakshara & Dayabhaga School) -
If a separated Hindu under Mitakshara or any Hindu under Dayabhaga died leaving a widow and a brother behind, then the widow will succeed to the property as his(deceased) heir but she being a female cannot have an absolute right in the property as per the Hindu Personal Law. She is however, entitled to the income of the property. She cannot make a gift of the property nor could she sell it unless there is some legal necessity. In case the widow dies, the property would pass not to her heirs, but to the next heir of her husband i.e. the Brother.

Advocate Ali Jibran Siddiqui LawRato