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naresh chandra (Ex Central Govt Employee)     10 April 2016

Right of widow on parents in law property

Under the existing hindu property law whether a widow is having any right on  the property of self acquired property of her parents in law wherein her husband was not having any share on the property.



Learning

 2 Replies

saravanan s (legal advisor)     10 April 2016

No rights exist for the widow in this case

(Guest)

At this stage Widow does not have right on property 

But for information sake

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According to THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

19. Maintenance of widowed daughter-in-law-

(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her father-in-law. Provided and to the extent that she is unable to maintain herself out of her own earnings or other property or, where she has no property of her own, is unable to obtain maintenance-

(a) from the estate of her husband or her father or mother, or

(b) from her son or daughter, if any, or his or her estate.

(2) Any obligation under sub-section (1) shall not be enforceable if the fatherinlaw has not the means to do so from any coparcenary property in his possession out of which the daughter-in-law has not obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law. 

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SECTION MENTIONED BELOW WAS Repelled in 2005 and now not part of Hindu Succession Act. Since this section is removed you can take exactly opp. what is stated below in act.  So now in future Widow may claim  right 

Hindu Succession Act, 1956

24. Certain widows remarrying may not inherit as widows

Any heir who is related to an intestate as the widow of a pre-deceased son, the widow of a pre-deceased son of a pre-deceased son or the widow of a brother shall not be entitled to succeed to the property of the intestate as such widow, if on the date the succession opens, she has re-married.

 

 

 


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