lopita saha (house wife) 30 July 2012

Widows rights in property

i am a widow my husband died 10 years ago. leveing me and a child , the chaild has some mental problem. father and mother in i laws after husbands death tried to evict me forcibly from their house which belongs to my mother in law. i had been residing with my late husband in that house from our marriage for 16 years. due to my sons mental problem i have to go to my parents house for bettrement. now at that time my fatner and mother in law make a gift deed and gift all property to bharat sevashram sangha. i have no income and no house to reside.

What right does i have on the said property after the death of my husband? i have no source of income and is dependent on my siblings for survival. ( as my chile is a mental patient) .

now please advice what to do ?

i have any right in the house where i live with my husbend?

what to do now? i am helpless please help

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3 Replies

Anish Thakur 7018812737 (advocate) 30 July 2012

dear querist

dnt get harshed ,indian law is always with ABLA NARI.

YES ,YOU HAVE RIGHT ON THAT HOUSE WHERE YOU HAD RESIDED WITH YOUR HUSBAND,YOU CAN LIVE THERE WITH LEGAL RIGHT.
YOU HAVE ALL RIGHTS ON YOUR HUSBAND PROPERTY AND SHARE ,ALTHOUGH SOME RIGHTS WILL BE INHERITED TO YOUR CHILD THROUGH INHERITANCE APART FROM YOUR RIGHTS OMN THE PROPERTY BY VIRTUE OF ANCESSOTRAL PROPERTY.
YOU CAN ALSO FILE FOR MAINTENANCE UNDER SEC 125 CRPC AGAINST YOPUR PARENTS IN LAW FOR GRANTING YOU MONTHLY MAINTENANCE ALLOWANCES.
FEEL FREE TO CALL

Tajobsindia (Senior Partner ) 31 July 2012

Originally posted by : lopita saha
	i am a widow my husband died 10 years ago. leveing me and a child , XXX due to my sons mental problem i have to go to my parents house for bettrement. now at that time my fatner and mother in law make a gift deed and gift all property to bharat sevashram sangha. XXX What right does i have on the said property after the death of my husband? i have no source of income and is dependent on my siblings for survival. (as my chile is a mental patient) .

1. You have right under S. 125 CrPC only against In Law.

Originally posted by : Anish Thakur 9459321520
	XXX YES ,YOU HAVE RIGHT ON THAT HOUSE WHERE YOU HAD RESIDED WITH YOUR HUSBAND,YOU CAN LIVE THERE WITH LEGAL RIGHT. YOU HAVE ALL RIGHTS ON YOUR HUSBAND PROPERTY AND SHARE ,ALTHOUGH SOME RIGHTS WILL BE INHERITED TO YOUR CHILD THROUGH INHERITANCE APART FROM YOUR RIGHTS OMN THE PROPERTY BY VIRTUE OF ANCESSOTRAL PROPERTY. YOU CAN ALSO FILE FOR MAINTENANCE UNDER SEC 125 CRPC AGAINST YOPUR PARENTS IN LAW FOR GRANTING YOU MONTHLY MAINTENANCE ALLOWANCES.

@ Anish,

Kindly re-check your reply. Your reply is bald and totally wrong. Kindly don’t give wrong replies to "unfortunate queriest" and kindle a false ray of hope in them.
Reasoning:
The property belongs to MIL. She has already gift deed the property to a Trust. There is no case filed by DIL before gift deed to a Trust, she simply went to natal home thinking of betterment of unfortunate child that is all she says here as facts!

No current law in India can direct MIL to reverse this gift deed. If there is one kindly educate (update) me?????

[Both FIL + MIL alive. The Son (i.e. authors husband) dies. His share would have gone to his widow wife / child only if no Will or Gift Deed done by MIL and not afterwards. This is not a case of widow DIL vs. widow MIL or even otherwise! Then also there is no right over any property by anyone on the property of living Hindu widow (mother in law) during her lifetime, however if she dies intestate i.e. without making any Will her property shall be distributed as provided under S. 15 of the Hindu Succession Act,1956. Wherein, not the widow daughter in law but her daughter who happens to be the child if the predeceased son of the widow mother in law has right to get one share in the property]