Rights of widow
Mohan kumar
(Querist) 29 May 2012
This query is : Resolved
Hi,
My question is for India (Please answer based on Indian Law)
My sister is a widow and she have no kids,she is not working and she was leaving with her husband in rental house.Now her husband was no more.
I want to know her leagal rights from is parents in law property.
Shonee Kapoor
(Expert) 29 May 2012
If it is the self-acquired property of parents-in-laws, she has no rights.
However, she can ask for partition of ancestral property,
Also, she has the right of maintenance from Father-in-law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
A V Vishal
(Expert) 29 May 2012
U/s.19 of Hindu Adoptions And Maintenance Act, 1956
Maintenance of Widowed daughter-in-law
(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law.
PROVIDED and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance -
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub-section (1) shall not be enforceable if the father- in- law has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the re-marriage of the daughter-in-law.
COMMENTS
Liability of the father-in-law comes to an end where the widow is remarried or she has obtained a share in the coparcenery properties while partition. But her right to share in the separate property of her husband or in his interest in coparcenery property cannot be divested.-
