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Supriya Jeyendran   23 July 2021

Property share

My husband passed away and there is a house on my husband and mother in law name. Home loan for 40 Lakhs. Will my daughter and me get my share? Can my mother in law ask for share even in my husband share? Or will i get full 50% share of my husband? There is a property on my husband name. Will my daughter get that property fully?


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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 July 2021

A woman, apart from being a daughter and a daughter-in-law, is also a wife. In the capacity of being a wife, she has rights to her husband’s property. Indian law provides for certain rights of a wife over her husband's property.

Shubham Bhardwaj (Advocate)     23 July 2021

Dear Ms Supriya, 

As per Hindu Succession Act, 1956, a widow, daughter, son and mother are all  'Class I' heir to property of a deceased. You, your daughter and your mother in law are entitled for share in property that your husband owned. 

Therefore the 50% share of your husband's property will be equally divided between you, your mother in law and your daughter. I am assuming there is no son from your marriage.

Regards 

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh.

 

Disclaimer:- Opinion is only for guidance. 


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