Widows rights in property

1. You and your child have rights under S. 125 CrPC towards seeking maintenance from In-laws which includes rent for alternate residence as well as medicine i.e. right for treatments for mentally ill grandson. Provided they have capacity to do so.

2. If the property was self acquired by your FIL he can partition it OR he can transfer it OR he can even gift deed it without considering ‘share” of his then living or deceased son rights or grandson’s rights or DIL or even to become widow DIL rights on husband’s share. From your repeated query it is not very clear if this self acquired property of your FIL was transferred to your MIL when your husband was alive and before you left for your natal home? OR was it transferred to MIL after your husband died? Even, if during your husband’s lifetime it was transferred to your MIL then FIL can do so without seeking permission of the Court or living Son as it was his self acquired property. S. 19 HAMA talks about maintenance to widow DIL i.e. you but I have a very serious doubt about “chronology of events with date / year of events” and whether at the time of you leaving for natal home “did you claim your late husband’s share via a Civil Suit? from self acquired property of FIL which was transferred to your MIL read with when MIL gift deed it to a Trust”? These are vital “civil claims” in eyes of Law which are totally missing except we knowing 10 years you lived with husband and after 16 years of marriage you went to natal home which to me are not very good legal facts.

3. After the Gift Deed there are no property rights for you or for their grandson.

4. If the property was self acquired by your FIL and registered in your MIL's name then she is benamidar of the property only if your FIL files a case against her (i.e. his wife - your MIL) that also before the transfer of property to a Trust. After the property has been transferred to the Trust that rights even your FIL has lost.

5. Your MIL being housewife or working or has ever worked before has no relevenace to seeking share for yourself or grandson now that the property is transferred to a trust.

6. If your  late husband hold Government Job and died in harness then on "compassionate grounds" you can apply for the Job of your late husband.

7. You have legal rights over PPF A/c + S/B A/C + F/D's + Shares / Debentures + movable assets such as car - personal jewels of your late husband.

8. Also from your ID name we are not sure if you are Hindu or Jain as there is slight difference in rights of properties. Also we are not sure which part of India this query is originating which also can given a envelope of “customary Laws read with past decisions of the State HC” if ever this case reaches a “civil Court” is our view. These two observations besides the point of Law at this stage, according to Hindu law, there is a substantial difference between the self-acquired property of a person and the ancestral property which comes into his hands and of which he is possessed as the sole surviving coparcener. Your FIL made this property out of his earnings but registered it in his wife’s name. He can make a gift or a bequest of the self-acquired property even though a son (i.e. your late husband) born or adopted be in existence as the case may have been, but in respect of the ancestral property of which he is possessed as the sole surviving coparcener, he cannot make a gift or bequest as soon as a son (i.e. your late husband) is either born or adopted. He had a son born which is not disputed. His born son died which is again not a dispute. The widow DIL lived with his son for 16 years is also not disputed. Again these are also besides the Law points here as your FIL said property was his self acquired one and not a coparcener property. But in nutshell this is a really mindbender enquiry you have presented before us with limited chronological facts we must admit that.  

9. The best course due to missing chronological chain of events in your brief is to atleast approach Family Court and seek maint. which includes rent for a rented premises as well as maintenenace for yourself / your son including his medical needs as per status of your In Laws via filing an application under S. 125 CrPC till you donot get re-married.

Above is the only Law in hand to this unfortunate repeated query in the absence of crucial chronological chain of events. 

dear querist,

1.you have all rights by virtue of succession of your husband property and have all rights in every property of the family in which your husband had share before his death.

2.You have also all rights of residence over the matrimonial house where you reside with your husband after marriage ,but you can not sell or ask for partition of that house untill all family members give consent on that ,till that time you have full rights of living in that house.

3.Your child is still minor and you had mentioned that he had some problem,in such condition you will remain the guardian of your child,s share too.

4.the gift deed made by your parents in law is null and void as they dnt have partioned and handed over your share in property and not taken your consent for the gift of that property to the said trust.

feel free to call and raise your voice and raise it high.

though this is a repeated query, your reply to this is not repeated..it is different from last one,  tajobsindia.