Nandini Choudhary (Software engineer) 28 August 2013

Wife's share in husband's property after his death

Hi,

My husband passed away on 24th July'13 after 2 years of marriage. It has been only one month but I am facing immense troubles from my in-laws side. My in-laws lives in there home town and I live in delhi with my parents. (Earlier accompanied by my husband, as we both have jobs here). My father-in-law have 36 acres of agricultural land (ancestral) out of which 8 acre is on my husbands name. My husband did everything for his family starting from purchasing Fans, Coolers, TC, Fridge, Inverter, Washing machine and helped his father in his sister's marriage too.

Here I am providing my situation in detail, kindly suggest me for what action should I take to get peace in my life.

1. I am single child of my parents and they gifted me everything in marriage for e.g. Car (Wagon R), TV, Fridge, AC, Washing Machine, Microwave, Furniture (Bed, Sofa, dinning table, dressing table) and other small electroic items. Out of this me and my husband took only Fridge, AC and washing machine and we left all the other things with our in-laws just to please them and make them happy.

2. We purchased a second hand car (wagon r) by contributing equal amount of money in delhi. Along with it we purchased a Almirah and a bed. My husband purchased a bike (bajaj pulsar) before marriage with his own money.

3. Problem - Now my in-laws tried to snatch away our car and my husband's bike on the 17th day of his death. And now they constantly pressurize me to serve them, as I am in job. And they have not offered me any help after his death, instead they have send my husband's 85 years old grand mother with me to take care.

I request you to please tell me what is my legal share in :

1. His ancestral property.

2. In the things which we have jointly bought after marriage.

3. In the things which my parents has gifted me in my marriage.

4. In the things which he has bought with his own money.

Please help me I am on this matter, I am on verge of getting mad due to pressure.

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7 Replies

HIRAL THAKKAR (ADVOCATE ) 28 August 2013

You need to file a suit under hindu succession act claiming all the share of the husband property and injuncting them from selling.

Regards

Nandini Choudhary (Software engineer) 28 August 2013

Thanks for your reply sir, I am not much aware of law of our country, but by just reading the wikipedia I get to know that Class I heirs under hindu succession act are widow and mother. So this indicates that my mother-in-law is equally eligible to claim my husband's property.

Please suggest.

Adv Archana Deshmukh (Practicing Advocate) 28 August 2013

Yes, your mother in law has equal share in your husband's property along with you.

gd dy (gd dy) 29 August 2013

not mother bt read PARENT

if a person die intested, thn his PARENT, WIFE and his off-spring has right over it.

Adv Archana Deshmukh (Practicing Advocate) 29 August 2013

@ gd dy

Read it 'mother' only and do not misinterpret it as 'parent'.... As per the hindu succession act, only mother is a class I heir of a man dying intestate along with his wife and children.

stanley (Freedom) 29 August 2013

As per the new HMA amendment passed you have a equal share in his property and welcome to the world of litigation getting the same would cost you a lot in terms of Lawyers Fees .First trial court than session court ,high court and last is the supreme court .