Rights of widow
Teena
(Querist) 16 November 2009
This query is : Resolved
Hi All,
Can any one tell me what are the rights of widow in her father-in-laws property. whether shae can claim for her and her daughter's maintainance from her father -in law?
Sudharsan.m
(Expert) 16 November 2009
Yes, she can claim, if it is ancestoral property-she gets only her share in the property.
If it is self acquired property by his father in law, then she cannot claim.
Raj Kumar Makkad
(Expert) 16 November 2009
You have raise two quarries. First about right of maintenance of the widow and her daughter from her father in law and my reply to this quarry is yes. She can definitely claim maintenance for her and her daughter from her father in law and there is no condition of ancestral property in this matter.
Second quarry is regarding the her right in the property of her father in law.
In this matter, she wears the shoe of her deceased husband. If his husband was owner in any of the properties of his father then definitely his widow is entitled to inherit her husband.
Devajyoti Barman
(Expert) 16 November 2009
DEVAJYOTI BARMAN (M)9831174081
Advocate, High court,Calcutta
A widowed daughter in law can claim maintenance from her father in law u/s 19 of Hindu Adoption and Maintenance Act.
Similarly a widow can inherit from her father in law after his death the share which her husband would have had he been alive at the time when inheritance open. If the father in law is joint owner with his deceased son then his widow becomes its co sharer.
Sachin Bhatia
(Expert) 16 November 2009
1) She can claim his husband's share in the property possesed by his father in law, if it is an ancestral property.
2) She can definitely claim maintenance for herself and her daughter from her father in law.