Does staying separately dissolve the right in parents property?


We got married in 2005 and my inlaws accepted me after 6 years. However, my husband used to go to meet his parents and always had a normal relation with them. Recently, my mother in law expired.

 

My father in law along with the younger son and the elder sister (both married) filed a case in the court for settlement along with some allegations like his elder brother was staying away from them since his marriage ( that is us). He doesn't have the right in his property but they are still ready for a settlement for the house which was in the name of my mother in law.

 

They stated the value of house very low as compared to market rate. What should we now do?

 

Answer

 

If your mother-in law died without a will then the property of a Hindu female dying intestate, or without a will, shall devolve upon the sons and daughters and the husband. Therefore, your husband has a legal right on the property irrespective whether he stayed or did not stay with his parents.

 

You should not settle for the property at the market rate and we suggest you to file a partition suit thereby demanding your husband's share in the property.

 


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