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Share of wife and her son in the in laws property
19-Jun-2025 (In Property Law)
Lady is widow with 19 years old son. Her husband and in laws got died 5 years back . Her husband has two siblings one married sister and one unmarried brother. They have two flats in the Mumbai . One flat has the registry on the name of her late husband and late mother in law. Another flat is on the name of her late mother in law and brother in law. How much share this lady and her 19 years old son has in the property
The properties which stand in the joint name of her husband would come to the share of the lady and her child to the extent of the share of the deceased husband in the property. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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in father's property they will get 100% share
and in inlaws property they can get proportionate as equal among all siblings in same branch. calculate branches in downword from grand parent's to grand son and so on
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Adv. Nikam Nitin
Nashik | 25+ Answers
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based on the details provided and assuming no Will exists (i.e., intestate succession under the Hindu Succession Act), here's the legal position:
Flat 1 – Registered in the name of your late husband and late mother-in-law:
Upon their deaths, the share of your husband devolves equally on you (widow) and your son.
The mother-in-law’s share, in absence of her husband and assuming she had only three children (your husband, his married sister, and unmarried brother), will be divided equally among them or their legal heirs.
Thus, you and your son will collectively inherit your husband's share and a portion of your mother-in-law’s share through your husband.
Flat 2 – Registered in the name of your late mother-in-law and brother-in-law:
Your husband’s 1/3rd share (from mother-in-law's side) will again devolve equally between you and your son.
The remaining share is with the brother-in-law and married sister.
Conclusion: You and your son have rights in both flats through your husband’s share. You may need a legal heir certificate and possibly file for partition or succession if disputes arise.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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Dear Queriest, as per your query the flat which is in her late husband's name will be legally her and son's name. also they can obtain succession certificate and claim her mother in law rights too of 50% share which was in her name, for more information about the same kindly call me.
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Adv. Dhananjay Ravikant Gangawane
Pune | 1000+ Answers
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Well, the Wife can merely claim such share which was of her Husband in the concerned flats! She cannot claim shares of her Mother in Law and Brother in Law in a flat or flats. Wife can claim and can legally get share of her Husband in a flat or particular Immoveable property being a Class - I Legal Heir!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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