Right of wife in father in laws's property after husband's death
08-Jun-2023 (In Property Law)
What is the right of a daughter-in-law on her father-in-law’s property if her husband has died and the property in question has been her matrimonial home since marriage. Can the father-in-low sell off the property without catering for making alternate arrangement for the daughter-in-law and her children ?? They are Hindu.
In a matrimonial home, daughter in law has equal rights after her husband has expired. She will step into the shoes of her husband and can claim parity. She cannot be thrown out after her husbands demise. Please call me for further assistance.
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The father in law is bound by law to maintain the daughter in law who has a right to shareholders and if the property is ancestral the children also have a right to claim partition on the property for both a suit lies in court of competent jurisdiction
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In 2016, the Punjab and Haryana High Court declared that a daughter-in-law has no right on the self-acquired property of her parents-in-law. Courts have also ruled that a widowed daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property.
he maintenance of wife is the personal obligation of the husband. Accordingly, Section 4 of the Hindu Adoption and Maintenance Act, any liability in respect of maintenance of daughter-in-law in the vent of the death of the son cannot be fastened upon the self-acquired property of the parents-in-law.
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According to Hindu law, the wife receives an equal share from the assets of her deceased husband, which are divided among the other Class I heirs: the children, and the mother. The only exception is if the deceased man died intestate. The wife gets the entire property if there are no other claimants or children.
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