Daughter in laws share in father in law property as per islamic law
Irshad
(Querist) 28 November 2013
This query is : Resolved
hi,
my bhabi stays with her parents for past 10yrs after death of my brother ...she is not taking away her belongings like bed,sofa set etc....wat can be done to return those items to her legally..
Thanks in Advance..
Rajendra K Goyal
(Expert) 28 November 2013
Well advised, she can live in the house if she does not remarry.
Irshad
(Querist) 29 November 2013
but she is not staying at our home and we dont have place to keep the items as we are shifting to other place...
Ms.Nirmala P.Rao
(Expert) 29 November 2013
In Muslims, to the extent of 2/3rds property of an individual- succession happens as per intestate succession rules.If you are only 2 brothers, she can claim her equal or her deceased husband's share in the property.Devolution of property in Muslims also depends on whether they belong to Shea or Sunni sects. Please state the full facts of your case. Normally, in Muslims a person has an absolute interest/dominion over the corpus of his property with full powers of disposition to any one he likes.If your parents want to give some property to their daughter in law, the Muslim law doesn't come in their way of disposition of property in her favour.You can even approach a Lok Adalat through Legal Services Authority under the said Act attached to the District Court for settlement of this family dispute if any, by the Lok Adalat established under Legal Services Authority Act and SUCH AMICABLE SETTLEMENT Arrived at between your deceased brother's wife and other family members etc is final and binding on all the parties to the settlement. No further appeal lies from such an award of Lok Adalat. If you wish to thank me for this reply please click the thank you button on my profile.
Irshad
(Querist) 29 November 2013
We belong to sunni sect and property is owned by my father. pls advice
Ms.Nirmala P.Rao
(Expert) 29 November 2013
Your father has absolute rights of disposition of his property and if he wishes so he can bequeath 1/3rd share in the property in favor of your brother's widow; otherwise, she may file for her maintenance expenses and litigation costs and return of customary dower/Mehr etc from your father and other members of your family in a Family Court in future- whether she is a Shia or Sunni. According to a recent Bombay High Court decision delivered in June 2013, A family court has jurisdiction to decide a Muslim woman's claim of maintenance in addition to return of her customary dower/Mehr amount on her divorce or on her husband's death from her father in law till her remarriage. If your late brother has left behind any property of his own your mother and his widow take 1/4 th share each to the exclusion of you and your father gets the reaming 1/2 share as per Sunni Muslim inheritance Law in India.
prabhakar singh
(Expert) 29 November 2013
The query is that after death of querist 's elder brother deceased widow is leaving with her parents since last 10 years but her certain movables are still laying in querists father house and now they have to shift so they are wandering how to return her belongings.
To me answer is that book her belongings to her father's place by a transport along with
an inventory of articles and send the freight paid GR to them after keeping her informed in advance.
Ms.Nirmala P.Rao
(Expert) 29 November 2013
Dear Prabhakar Singh Ji and Irshad Ji,
In addition to what you suggested, she has a legal claim for maintenance etc from her father in law in addition to a share in her late husband's property if any, any moment- as suggested by me above.
prabhakar singh
(Expert) 29 November 2013
I do not know why people fight here instead of answering queries.
"she is not taking away her belongings like bed,sofa set etc....wat can be done to return those items to her legally..
Thanks in Advance.. "
But no body answered it and started to swim in sea created by first answer.
Every body can answer in his own Wisdom.
i request every body not to remind me if i am right or wrong just give your answer according to your wisdom.
I do not wish to vomit all books in answer to a query that does not demand.
prabhakar singh
(Expert) 29 November 2013
"she is not taking away her belongings like bed,sofa set etc....wat can be done to return those items to her legally..
Thanks in Advance.. "
But no body answered it and started to swim in sea created by first answer.
Every body can answer in his own Wisdom.I do not know why people fight here instead of answering queries.
i request everybody not to remind me if i am right or wrong just give your answer according to your wisdom.
I do not wish to vomit all books in answer to a query that does not demand.
Guest
(Expert) 30 November 2013
Dear Ms.Nirmala Rao.Your answer and guidance to the querist is more than sufficient.I do appreciate.Just Relax and continue All the best and remember World is Very Big and it is not just a Pond.Let us not expect any vomits further
Irshad
(Querist) 30 November 2013
Thanks sir , i was wanting reply for belongings to be send to her home...
ABDUL RAZIQUE
(Expert) 01 December 2013
Dear Irshad.
Your Bhabhi has any wedlock issue?
Why you want to finish your family relation to your deceased brother?
If there is something between your family and your Bhabhi then you send personnel letter to your Bhabhi for collecting her belonging. but it is noted that she has right in property if has any wedlock child and also has right to demand maintenance from your father.
Guest
(Expert) 01 December 2013
Her ultimate intention is to establish her rights If you simply send her things back it could be also treated as YOU have THROWN her Out.Please Expedite What she deserves amickably
Irshad
(Querist) 02 December 2013
Dear Abdul sir,
She is staying with her parents for past 10 yrs and doesnt want to get married and also doesnt want to stay with us.
She has one daughter and she wants share in my fathers property. but as per muslim personal law i think she cant demand share in fatherinlaws property. My father wants to give share to her granddaughter after 18yrs. Pls advice..
Thanks in Advance..
Guest
(Expert) 02 December 2013
You could give the eligible share now also mentioning your sister in law as guardien
Irshad
(Querist) 02 December 2013
we dont want to make sister in law as gaurdian either it wud be my father and i will remain gaurdian after my fahters demise.
Also advice wat if fathers property is transfered to my mother. will all these legal tangles still remain..
Guest
(Expert) 02 December 2013
You could explain your sister in law that mother in law would be placed as guardien and thegrand daughter would be given the eligible share.And the grand daughter would be the absouteownerof her share once she is adult Communicate to her thro a letter and make her understand and waite for her reply
Irshad
(Querist) 02 December 2013
Can daughter in law ask for share from motherinlaws property. pls advice
Guest
(Expert) 02 December 2013
It seems your intention seems to deny her the share.Already you are desperate to send back her articles.Why dont you approach this issue with some human considerations.They belong to your family.
Irshad
(Querist) 02 December 2013
I understand ur concern, but you are not aware of the ground relality...
Guest
(Expert) 02 December 2013
Unless you tell us how could I know
Guest
(Expert) 02 December 2013
Kindly go thro expert Ms.Nirmala Rao"s advise she had already answered your very last question and you should be happy (READ MADAM P.NIRMALA RAO SECOND ANSWER FIRST LINE)Even if the property continues to exist on your fathers name your sister in law cannot have any claim on that.Still if you are particular you could get it transferred to your name or mother"s name.
ABDUL RAZIQUE
(Expert) 03 December 2013
Dear Irshad,
Can you tell me Your Maslak? If yes, then I will try to discuss about the share of your Bhabhi and right of maintenance of your Bhatiji and also share of property.
Sudhir Kumar, Advocate
(Expert) 04 December 2013
repeated
http://www.lawyersclubindia.com/experts/Daughter-in-law-share-in-motherinlaws-property-438651.asp
ABDUL RAZIQUE
(Expert) 04 December 2013
Thanks SUDHIR sir for disclose of time less author.
