How can I claim share in my in laws property

860 votes

Aap claim nahi Kar sakti . Aapke husband claim kar sakte hain woh bhi tab jab woh property pushtaini zaydad ho . Agar woh property aapke saas, sasur ki apni nizi property hai toh aapke husband bhi claim nahi Kar sakte hain . Agar woh ancestral property hai toh aapke husband ka usme utna hi hissa hai jitna aapke sasur ka

Advocate Suneet Bhardwaj LawRato

907 votes

Respected Sir/Madam,
Always I joined my office after completing the court and client's work, and read mail.
I am going to reply of your query. My answer will clear the above said question sent by you.


1.The Supreme Court has given a decision in favour of father in laws property.
The apex court, in the process, upheld the verdict of the Delhi high court that a daughter in law has no special right over a self acquired property of the in-laws, against the latter's consent.

In a recent order, a bench of Justices Madan B Lokur and Uday Umesh Lalit also put an end to years of fighting between the woman, her in-laws and her husband by granting the couple divorce. To safeguard the rights of the single mother and her two children, SC ordered the husband to provide alternate accommodation/property in her name and pay monthly maintenance.
However the judges made it clear, she will get possession of the flat only on vacating the father-in-law's property.
SC formalized an amicable settlement between the feuding parties on an appeal filed by the woman against the Delhi HC ruling. HC had directed her to hand over peaceful and vacant possession of the property to her estranged father-in-law, the owner, dismissing her argument that as a legally wedded wife, she had a right to live in the property.
She claimed that the property was purchased out of joint family funds, and argued that under Domestic Violence Act, the property is a shared household where she has the right to reside.

2. You have absolute rights of his property if you are widow and father in laws wishes so he can bequeath share in the property in favour of you as a son's widow; otherwise, you may file maintenance expenses and litigation costs and return of customary dower/Mehr etc from your father and other members of your family in a Family Court in future- whether she is a Shia or Sunni.


3. A few general rules of inheritance are:
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1.The share of the male is double that of the female
2. A Muslim cannot bequeath more than one-third of his or her total property. However, if a woman has no blood relations and her husband the only heir, then she can will two-thirds of her property in his favour.
3. If all heirs claiming the property are equally near in terms of the relation to the deceased, they all have an equal share in the property. A closer heir excludes the more distant one.
4. A woman is entitled to inherit property as a daughter, widow, grandmother, mother, or sons daughter.
5. A widow is entitled to one-eighth share of her husbands property when there are children and one-fourth share when there are none. § A daughter gets half of whatever share her brother gets. In case she has no brother, she is entitled to a share of half the property.
6. A mother will get one-third share of her sons property when there are no children and one-sixth when there are children.
7. The maternal grandmother will get one-sixth the share of the total property only if there is no mother or grandfather. The paternal grandmother gets a share only if there is no father or grandfather.

Advocate Manish Kumar LawRato

968 votes

You cannot have any claim in your in laws self acquired property. Unless it is inherited by your in laws than your husband can claim his share from the property inherited by your in laws. For any further discussion you may contact us.

Advocate Lalit Valecha LawRato