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Adv. Anuragdeep Bansal   27 March 2021

Widow woman's right

can a widow woman is entitled for her share in mother- in - laws property?


Learning

 3 Replies

aditi srivastava   27 March 2021

respected sir

  1. Testamentary Succession: When the deceased leaves behind a will, the instructions in the will alone govern the deceased's property's succession. Such succession is called testamentary succession. The Indian Succession Act, 1925, governs testamentary succession.

  2. Intestate Succession: In other cases, the deceased does not leave behind a Will. In such cases, the law decides which persons the estate of the deceased will succeed to. When succession takes place in this manner, it is known as intestate succession. The Hindu Succession Act, 1956 governs intestate succession.

Depending on the circumstances, a widow can inherit her father-in-law's property through both these modes. 

  1. The deceased's widow, sons, daughters, and mother take equal shares of the property. 

  2. If any son, or daughter, of the deceased, has died before him, then the share of that son/daughter will be divided amongst their widow, sons, and daughters. In the case of a son, his sons and daughters will take one share, and his widow will take the second share, of that son's share. 

Thus, the widow of the father-in-law will take her share in Step 2. The extent of her share will depend on how many of the father-in-law's sons and daughters and mothers, and the widow's own sons and daughters, are alive. 

hope you find this helpful

regards

 

sneha jaiswal   11 April 2021

Hello, Greetings of the day!

If her mother-in -law’s property is self acquaried proper, she will have no right over the property but if mother-in-law is owning ancestral property than she can have share of her husband.

Hope it helps

Regards,

Sneha Jaiswal

yatish panwar (Lawyer)     30 November 2022

online advocate consultation india The law also held that widows who remarry were entitled to all the rights and inheritances that a woman who marries for the first time would have. But a fightback is under way. Grassroots organisations are emerging all around the country to build community awareness of women's legal rights.


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