moin khan (executive) 17 September 2013

Need help on priority basis - vvvv urgent

Dear Experts,

I have a query with regards to my family friend who is widow (living in one of the district of Haryana State and belongs to hindu family) and her son who is 15yr old. Her Father in law is already passed away some years back and her husband as well.

Now her in-laws are doing partition of the property but they are giving share to her son who is minor child but not to her. However when her husband was died her in-laws given the commitment that whenever the partition process will happen she will get the share in the property but the condition that she will not get marry and take care of her son now her in-laws has given new conditions. Currently her son has a full faith, respect, love & affection towards her mother but in future we cannot take the guaranty how the things move.

Her in-laws asking for her husband death certificate and other documents which are in her custody. I would request experts and seniors to help her to get the share of her property and secure her future. In today’s world when son and daughters don’t take care of their parents and this is true reality hence I would request you all to please guide and help this lady to get her rights.

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4 Replies

Arunkumar ( ) 17 September 2013

Dear Moin,

As per the Hindu Succession act 1956, the share or the property owned by the deceased husband should be distributed equally between the widow (your friend) and his son. In case the property belongs to her father in law and there is no will written by him, then the property which her deceased husband would have got as per the Hindu Succession act will also to be distributed equally between the widow (your friend) and her son.

With regard to the certificates you have mentioned it is necessary to show that your friend and her son are the legal heirs of her deceased husband. I would suggest to consult an advocate in your area to have an good understanding on intestate succession.