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Husband has expired, in laws refusing to give share in property


10-Oct-2023 (In Property Law)
two mature children(1Son and 1Daughter )from her Brother-in-law(late)are also there in the family(their mother has also expired 6months ago.
Answers (4)

Answer #1
902 votes
You have a right of maintenance from your in laws and can even file for eviction for your share in the amcestral property.
You should file a petition and if possible can settle it in mediation or else can get it done in court itself.
Answer #2
972 votes
Hello client as you have stated here the issue which I have described here is very meaningful as well as well as very imp also as the both child are there and there parents are not there in this condition the both childs are totally eligible for there share in the property of there parents what ever is there parents share thankyou.
Answer #3
744 votes
Hello,
It will depend on whether your husband died with a will or without a will. If there is no will then the property will be divided amongst the legal heirs and the widow is also entitled to share in property. The amount of share will depend upon who all legal heirs are there. An application for succession certificate will have to be filed before the Court. If you are in possession of the property then an application to safeguard your possession may also be filed.
Answer #4
516 votes
If the property belongs to your husband and he purchased it from his own earnings and savings then, you and your children will have a share in the property.
And in case the in laws refused to give you your share in the property then firstly you and issue notice to them and then can file a suit for partition and permanent injunction against them. you can later also file a suit of declaration with respect ot the property.

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