Justice denied
Querist :
Anonymous
(Querist) 20 November 2024
This query is : Resolved
Hello,
I had filed cases for desertion, maintenence, domestic violence, FIR against husband. 8 years passed. Last year he filed divorce to be contested. Also initially his parents had filed civil suit for me to leave their house. Reason stating son is not living there and later disowned ,while all three were in conivence. They had demanded dowry of 55 lacks after marriage to maintain marriage to which i denied. They hit me , tried to kill.and then filed civil suit to leave house. The cases ongoing. I live with my parents. I have been in depression due to this. I was getting interim maintenance and since he was diagosed with cancer i withdrew cases.but he passed away this year. During these years i completed my studies.i did mba and now pursuing Law.Inspite of being on depression medication since all these years. my advocate told that i have no rights now and that only cases will go on for years.i lived in my parents home but my brother is violent.so i live in another accomodation provided by parents.i am 46 years old.my question is do i have any right as a widow ? I read law doesnt support widow rights .
T. Kalaiselvan, Advocate
(Expert) 20 November 2024
Yes, as a widow of your deceased husband you have rights over the properties left behind by for a rightful share in it as one among the class I legal heirs.
What is your religion?
A widow's rights to her husband's property vary depending on the religion and the laws of the country in which she lives:
Hindu
Under the Hindu Succession Act, 1956, a widow is entitled to a portion of her husband's property after his death. The widow's share depends on whether the couple has children and other heirs:
If the couple has no children or lineal descendants, the widow inherits half of the property
If the couple has no children or lineal descendants, but the husband has a lineal descendant's widow, the widow inherits one third of the property
The Hindu Women's Right to Property Act, 1937 and the Hindu Succession Act, 1956 improved the conditions of widows
The Hindu Widows Remarriage and Property Act, 1989 states that a widow's remarriage does not forfeit her rights to property
Christian
The Indian Succession Act, 1925 determines the rights of a Christian widow. If the couple has no children, the widow inherits all of the husband's assets. If the couple has children, the widow inherits one third of the property.
Muslim
Under Sharia law, the widow inherits one quarter of the husband's assets if the couple has children. If the couple has no children, the widow inherits one eighth of the husband's assets.
Querist :
Anonymous
(Querist) 21 November 2024
I am Hindu.but i am unaware of my husband property.i only know he had a plot in noida.but address is not known to me .he was the only son but during cases his parents showed him disowned .also could you guide on kind of property i have right to .i am aware there are 2 kinds, self acquired and ancestral.also he would not have made me nomine as cases were ongoing.is there any manner to know details of assets .
T. Kalaiselvan, Advocate
(Expert) 21 November 2024
For knowing the details about the property that remained on his name at the time of his death, you may have to use your own sources.
You can even approach a local lawyer to find them by applying for title search in the registrar office.
You may please note that being class I legal heir to your deceased husband, you are entitled to a rightful share out of his share in ancestral property too besides his self acquired property.
Querist :
Anonymous
(Querist) 21 November 2024
Thank You Sir.i am very thankful for Your advice.
Querist :
Anonymous
(Querist) 22 November 2024
Sir also my advocate is misguiding me and i am on depression medication because he is demoralising me.last time i met him with my father in his office,he told us that i will get nothing and he said i have No rights and he spoke in favour of inlaws who are other party to case.it seems he is intentionally harassing me by not attending court dates since last 8 years ,i had to call everytime to attend date then he would send someone who had no knowlwdge about my case,he asked me to prepare repliy at time also.i paid him half his fee of total and told him i will pay rest also.i suffered all these years due to his behaviour .i cant change him because he is at authority and he can also ruin my case .i lost my husband after court battle of years and years,my father is heart patient,i am on depression medication ,i make efforts to complete my study n work too,but i think as an advocate he could have followed professional ethics which he dis not.instead he made it miserable for me.i am strong enough to survive but i hope it doesnt happen again to anyone.may justice be granted.
