V. Rajendran (Retd.) 29 March 2019

Execution of maintenance order by wife when the husband dies

In a mainenance case, court ordered directing the husband to pay maintenance to wife and the girl child. Husband did not pay and an EP was filed by the wife. In the meantime husband died. Deceased husband had no property in his name but the available properties are in the name of the mother-in-law and Father in law is no more; Now, what happens to the maintence EP case as there is no respondent now? Can She claim family property share from her mother in law?

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Vijay Raj Mahajan (Advocate) 29 March 2019

Family property if is in the name of the parents of deceased husband cannot be claimed by the child or wife of the husband. However if that property is ancestral in nature for Hindu family, the child of the husband has copacenary share in that property which can be claimed by the child through her mother. If the family property was in joint names of deceased husband and his parents, the share of the husband in that property is being inherited by the widow, his child and his surviving mother, each getting one share each in the share of the husband in the property. Here again the wife and child of deceased husband claim the share in the property.