Can daughter-in-law claim father-in-law's self-owned property after his demise
Radha
(Querist) 29 January 2014
This query is : Resolved
can daughter-in-law claim father-in-law's self-owned property after his sudden demise considering will is not registered. Thanks
R.V.RAO
(Expert) 30 January 2014
A daughter-in-law has no right in 'self-acquired' property of her father-in-law.
But if the father-in-law has inherited the property from ancestors then there will be a share of daughter-in-law.
source: LCI ANSWERS TO SIMILAR QUERY RAISED EARLIER
Dr J C Vashista
(Expert) 30 January 2014
@ Radha,
Daughter-in-law's claim in her father-in-law's self-acquired property, after his death, considering a will (not registered) is correct on probation of the will, if witnessess (either) can depose.
Rajendra K Goyal
(Expert) 30 January 2014
In the given facts if the self acquired property of FIL has been willed (registered or unregistered)in favor of daughter in law, she has right in it.
If in the property has been not willed in her favor and her husband (of DIL) is alive she has no right in it.
Shonee Kapoor
(Expert) 30 January 2014
As long as the Husband is alive, DIL has no right in the property of the Father-in-law.
Regards,
Shonee Kapoor
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Sudhir Kumar, Advocate
(Expert) 30 January 2014
vital facts have not been stated
I am not able to agree or disagree with any advise.
prabhakar singh
(Expert) 30 January 2014
WITHOUT FACTS WE CAN ONLY SPECULATE.
NOT A DAUGHTER IN LAW BUT HER HUSBAND IS THE
HEIR OF HER FATHER IN LAW.BUT IF DAUGHTER IN LAW IS A WIDOW SHE CAN INHERIT as widow of a predeceased son (class 1 heir)IF FATHER IN LAW DIES INTESTATE.
HOWEVER FATHER IN LAW IS FREE TO LAY SUCCESSION ABOUT HIS SELF OWNED PROPERTY BY MEANS OF GIFT OR WILL.
Radha
(Querist) 30 January 2014
Rajendra sir FIL expired suddenly will does not exist, what happen in that case?
Radha
(Querist) 30 January 2014
Resp Prabhakar and Sudhir Kumar sir could you please throw light on what facts are required? 1. FIL property details are residential flat and 2 plots. 2. Son has declared that he is jobless, maintenance amount is pending. 3. DIL is jobless for couple of years there are major health concerns. In this case can we request for property attachment since husband has share in the property? thanks
prabhakar singh
(Expert) 30 January 2014
Dear Radha !
What about you and your husband?
prabhakar singh
(Expert) 30 January 2014
Is he or is not?
If he is !You are none to inherit/No mater how your father in law died / Suddenly or with a programme of death/?
prabhakar singh
(Expert) 30 January 2014
Yes!Attachment can be sought as your husband has inherited.
Why you shied to tell it earlier?
R.V.RAO
(Expert) 30 January 2014
if the son of deceased is alive ,even without a will, such son is legal heir to property along with other legal heirs if any. (equal shares).
the job of son not relevant.
the competent court having jurisdiction can decree for the living son,s share.
prabhakar singh
(Expert) 30 January 2014
Radha do not get confused by any answer now.
i speak categorically that you can seek attachment for your maintenance arrears.
Guest
(Expert) 30 January 2014
What about your children.As and when your husband gets eligible for any ancestral property you could make a claim Consult a Lawuer
Sudhir Kumar, Advocate
(Expert) 31 January 2014
(i)whether FIL made any will?
(ii) In whose favour the will is ?
(iii) when as will written?
(iv)when was this registered?
(v)when death of FIL occurred?
(vi)any preceding or succeeding will?
(vii)what action has so far been taken by the legatee?
(viii)whether all or any of the property mentioned in will is ancestral?
(ix)whether husband of DIL alive?
prabhakar singh
(Expert) 31 January 2014
Experts responding query may kindly read the following response of the author:
"Rajendra sir FIL expired suddenly will does not exist, what happen in that case?"
prabhakar singh
(Expert) 31 January 2014
The query may be sum up to read facts as:
1.The author, who is wife of a jobless son of the deceased,has a decree of maintenance.
2.So far there was practical difficulty in execution of decree since husband had no property or job or cash to satisfy the decree.
3.Now a change in this circumstance has come due to sudden and intestate death of father of husband,who has left estates like
one flat and some plots.
4.HER QUERY IS IF HER DECREE IS NOW EXECUTABLE DUE TO CHANGE IN CIRCUMSTANCES?
AND MY ANSWER WAS AND STILL IS 'YES'!
Dr J C Vashista
(Expert) 31 January 2014
@Radha ji,
Now you have posted a different query to the original, pointwise answer is as under:
1. FIL property details are residential flat and 2 plots.
A. Whether it is FIL's ancestral or self acquired properties?
2. Son has declared that he is jobless, maintenance amount is pending.
A. The son has no alternative but to pay the amount of maintenance awarded and arears (if any)
3. DIL is jobless for couple of years there are major health concerns.
A. If the Court has granted maintenance of DIL and the order is not challanged, she will get it thorugh Court process, let him declare any thing such as jobless, not earning, hand-to-mouth bla,,bla... bla..
4.In this case can we request for property attachment since husband has share in the propert.
A.If you are sure that son has a share in the property it can be attached, otherwise No.
prabhakar singh
(Expert) 31 January 2014
May I bring it to notice that the fact that properties left by her father in law,ancestral or self acquired has no bearing to consider the question of execution of a maintenance decree of wife.
Because if the properties were ancestral then decree was executable even during life time of her father in law as her husband had
a share in those properties to gather with his father and (may be other coparcenars).
ajay sethi
(Expert) 31 January 2014
agree with prabhakarsinghji
V R SHROFF
(Expert) 31 January 2014
Widow DIL can claim mtn, not you. HMG ACT,
u hv no right.
Biswanath Roy
(Expert) 31 January 2014
It appears from your query that you have suppressed some material facts lying behind, Unless you disclose those facts behind proper advice to your query cannot be given.
Sudhir Kumar, Advocate
(Expert) 31 January 2014
@ Mr Miswanath Roy
not some material facts but all material facts are left to imagination.
T. Kalaiselvan, Advocate
(Expert) 01 February 2014
I think if guesses are right, Mr. Prabakar Singhji is very right in his opinion, i.e., If the DIL has an executable decree for maintenance in her favor, and the son as a legal heir has a right over his share of the property out of his father's intestate estates, she can seek for attachment of such property till the arrears of maintenance amount has been fully recovered. In this context my answer is Yes, she can seek for attachment of property to the extent of her husband's share out of his father's intestate properties.
