Divison of property
amit kumar
(Querist) 22 April 2013
This query is : Resolved
sir we are living in joint family. my husband is expired four years ago. one property in town where we are at present residing is on the name of my mother in law . can i eligible for the share in mother in law property and can i claim for this because they are not providing me necessary expenditure for my daily need and my daughter education and i'm not having any source of income.some part of house is also given on rent. please guide me so that i can survive .
Advocate M.Bhadra
(Expert) 22 April 2013
You can not claim during life time of your mother in law.You can claim/get proportionate of your husband's share after death of your mother in law.
sec.15 Hindu Succession Act:-----General rules of succession in the case of female Hindus.-
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
(b) secondly, upon the heirs of the husband.
(c) thirdly, upon the heirs of the father, and
(d) fourthly, upon the heirs of the father, and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father, and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter ) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Devajyoti Barman
(Expert) 23 April 2013
You are not eligible to inherit the said property.
Shashikant V. Patil
(Expert) 23 April 2013
As you stated, still your family is a Joint HUF, Under such circumstances, you have to stay where ever presently staying. Your Husband's share cannot be deprived you from the said property. If it is hard to struggle you , then ask for partition from your mother-in-law about your deceased husband's share.
J K Agrawal
(Expert) 23 April 2013
I can assume that your mother in law is simply house wife and not a working woman. It means the property is from funds of your family income which includes efforts of your husband also.
It may be tough but not impossible, claim the property of your Mother in law to be Benami Property and owned by whole family and then ask for your share. Meanwhile get a stay order any way and enjoy it.
Raj Kumar Makkad
(Expert) 23 April 2013
I do endorse the opinion of Ld. Aggarwal ji.
Dr J C Vashista
(Expert) 24 April 2013
You do not have claim in the property owned by your mother-in-law despite joint family.
Tarun Batra's leading case decided by Supreme Court be referred.
Advocate M.Bhadra
(Expert) 24 April 2013
Law of Benami Transaction abolished in the year 1988.
The Benami Transactions (Prohibition) Act 1988
sec.3 Prohibition of benami transactions-
(1) No person shall enter into any benami transaction.
(2) Nothing in sub-section (1) shall apply to the purchase of property by any person in the name of his wife or unmarried daughter and it shall be presumed, unless the contrary is proved, that the said property had been purchased for the benefit of the wife or the unmarried daughter.
(3) Whoever enters into any benami transaction shall be punishable with imprisonment for a term which may extend to three years or with fine or with both.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2of 1974), an offence under this section shall be non-cognizable and bailable.
J K Agrawal
(Expert) 24 April 2013
Dear Mimansu
Benami transatcion abolished in 1988 that is i am saying that if the property in name of Mother in law if found benami before 1988 is is unlawful and if found to be created after 1988 it is unlawful as well as offence.
