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Me & my childs right in father in laws property after husbands death


26-Mar-2023 (In Property Law)
I have been living with my in-laws in the flat since my marriage in the year 1996 After the death of my husband in the year 2006. My Mother-in-law and me started living separately in the same flat divided by a wall in the middle of the hall. The flat is identical if a wall is constructed in the middle of the hall. Now we have to partition the property along with other properties. The flat is in the name of Father-in-law. Do I and my son, have right of residence in the presently living in half portion of flat or even that half portion flat also has to be partitioned? Please Advice.
Answers (2)

Answer #1
633 votes
Yes after the death of your husband you and your son have all the legal rights to reside in the said apartment , also, you can claim the partition in the said property and you can also claim maintenance from your father-in-law.
Answer #2
750 votes
If this property belonged to your father in law then your husband was not having any right or share in the property.
If here was no rights or share to your husband in the said property then you or your children also do not have any right in the property nor you can claim any share in the property.
You can accept whatever your father in law may allot you and not fight for your right to a share in it, which is not maintainable in law. Even if you aproach court, you may not get any relief to this.

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