Wife's share on gift property given to deceased husband

1. The GIFT will be valid only if the GIFT DEED was REGISTERED with the sub-Registrar's office after paying STAMP DUTY.

2. Assuming the GIFT DEED is valid, then after the demise of your husband, his legal heirs will inherit the property (as he does not seem to have left any WILL) equally.

3. Your husband's legal heirs are - his mother (if alive), his wife (widow) his sons and daughters.

4. Having Given a Valid Gift, the in-laws cannot do anything, then what has been stated by me in point 2 and 3 above.

A Gift deed is absolute and cannot be conditional.If gift deed is registered then the legal heirs of the deceased will have claim to it depending on your religion .Hindus - Class 1, Class 2 and Class 3 heirs. Muslim and Christians - Wife , Children and if parents are Destitute (Poor/Povery,unable to maintain themselves )then parents.

 

Hi,

So why does the mother get the share since it is his own mother who has agreed to give it as a gift to the son? Please help me understand that part. Also, If my deceased husband has a sister, does she have rights on this gift? I can ascertain that the gift is solely given to my husband with no one's rights mentioned on the paper.

I would like to take precautionary steps before my in-laws take a wrong step against me.

Thanks

In case the Mother herself is the author of the gift deed then though she is one of the legal heir but she cannot reclaim it or revoke it provided it is already registered. Through the gift deed she has indirectly relinquished from that property.

What is your Religion, this will help me better answer your question.

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As per your request

(Note:Only appliable to Hindus)

Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son, son of a, pre-deceased sons of a predeceased son, and widows of a pre-deceased son of a predeceased son.

If there is more than one widow, multiple surviving sons or multiples of any of the other heirs listed above, each shall be granted one share of the deceased’s property. Also if the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother has remarried, she is not entitled to receive the inheritance.

Class II heirs are categorized as follows and are given the property of the deceased in the following order:

1. Father
2. Son's / daughter's son
3. Son's / daughter's daughter
4. Brother
5. Sister
6. Daughter's / son's son
7. Daughter's / son's daughter
8. Daughter's / daughter's son
9. Daughter's /daughter's daughter
10. Brother's son
11. Sister's son
12. Brother's daughter

Class 3: Distant Relatives

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Your mother in law have gifted the property. However she is one of the legal heir of her son so she will have one share in the property alongwith you and your children.