Can my children claim right on their deceased father's property
25-Apr-2023 (In Property Law)
My husband passed away. I am widow with two kids. My In Laws can sell out the ancestral property without my consent. What can I do for my children's right. This property is in village near Hathras (UP). Please advice me. We are Hindu Brahmin family
If it is ancestral property then your kids have a right in that property and your in laws have no right to sell the same without your permission. If they denied your and your children right then you can file partition suit against them.
Yes your children can file claim as a right in your deceased husband,'s property. If your in - laws want to sell the property without you consent you can file a civil suit to stop / stay of sell. Secondly you can also file partion suit against your in laws on your behalf and children' behalf. For any further enquiry pl mail the documents on which you want to rely.
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According to the laws of succession, since your husband has passed away intestate (without a will) leaving behind his widow, and children who all come under Class 1 heirs all three of you stand entitled to claim your husbands share in the Joint Family Property.
You need to move to Court seeking for partition and also ask for interim relief (whereby your in-laws will be stopped from selling property and/or creating any third party rights in relation thereto).
Additionally, for the sake of pressure file a case of maintenance under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 against your father-in-law. However, you need to understand that this section is operative when you are not being able to maintain yourself and/or when you have no property to your name.
You need to move to Court seeking for partition and also ask for interim relief (whereby your in-laws will be stopped from selling property and/or creating any third party rights in relation thereto).
Additionally, for the sake of pressure file a case of maintenance under Section 19 of the Hindu Adoptions and Maintenance Act, 1956 against your father-in-law. However, you need to understand that this section is operative when you are not being able to maintain yourself and/or when you have no property to your name.
Don't worry, yes you and your children have rights on ancestral property. In UP they cant do anything, if you file a complaint before tehsildar for agriculture land and for other property you can file a civil suit
A suit for partition can be filed against your in-laws claiming your share in the property along with share of your children. In case your children are minor, you can file a suit claiming their share on their behalf as a guardian.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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