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seema (senior research fellow)     17 November 2013

Can i clam for property

respected sir,

I am a handicapped widow, my marriage occur at January 2013 in modinagar U. P. & living with parents and my deceased husband have no job or no property my mother in law not real mother of my deceased husband and my father in law /mother in law both expelled me house they have no other son and daughter and my father in law army retired and having the one hectear agriculture land.

Can I clam the land property. please give me the suggestion.



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     17 November 2013

You said mother is not the real mother.  Whether she is step mother? 

If father in law is the real father, then you will get share in the share of your deceased husband.

Dr J C Vashista (Advocate)     17 November 2013

Yes, you can have a share, file suit for partition

Adv Archana Deshmukh (Practicing Advocate)     17 November 2013

It would depend upon whether the property is the self acquired property of your FIL or his ancestral property. If the property is ancestral then, you can claim a share but if it is the self acquired property of your FIL then, no share can be claimed during his lifetime.

Neeraj Thakur (Self Practising)     17 November 2013

if property is ancestral then u can claim share in the property of father in law. if that land or property is self acquired then not during his life.

T. Kalaiselvan, Advocate (Advocate)     19 November 2013

Even if the property is a self acquired property of your father in law you can claim maintenance from him on the basis of the widow of his son and as a one time settlement/alimony, you may even claim a share in the property.  consult a local lawyer and proceed.


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