Gopal (none) 28 October 2013

Wife legal right on dead husband property

Hi,

I am posting this with a situation we are trying to resolve, my co-brother passed away recently just 3 weeks back and we are still not even come out of the mourning, mother of the deceased has already shown her true colour saying that she wants the property that her son has constructed.

Situation is Husband has died and wife is not working at all and not much educated, She was married for 14years and they got a loan and constructed a property, Husband and wife lived seperate from boys parents as boys mom was unable to bear with their languages and rules, Boy parents had there own house and they use to come to the house very rarely.

Now the husband passed away, Boy (deceased) mother wants the property and also the insurance claim, Now what rights does the girl have poor things she still hasn't come to her terms with husband death and her mother-in-law started this with 2nd day of her sons death

mother-in-law She says what ever happens I am not able to give my sons property, Its 3 floor and 2 are rented, where is mother-in-law has already got a seperate property on her own, she is jealous that her daughter-in-law get the better property.

also the couple didnot had any kids since 14years of marriage, so I want to know where does the girl stand in this case ? does mother has equal rights ? and since the property is in deceased name still what happens to the deeds who has the right of transfer ?

Please let me know and I can provide more details.

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5 Replies

STUDENT.... (.......) 28 October 2013

As per Law Parents of Son has the right to ask for share in their son Property after his death (50 Parents : 50 Wife).

Now I want you to answer the following Questions:

1. Was the Property was self acquired by Son?

2. On whose name the property is registered?

3. Is there any contribution from wife's end in the property?

4. Has the son left with any Will (Registered or UnRegistered) / Registered Gift Deed?

Thanks

Laxmi Kant Joshi (Advocate ) 28 October 2013

1. all question raised by the student are remain same pl. reply them . 2. according to hindu succession act , section 10 rule 1 &2 clearly states that and especially in this case the property of the deceased divide equally between mother and wife of the deceased .

Gopal (none) 29 October 2013

1. Was the Property was self acquired by Son?

Yes this property was self acquired by son and this was NOT inherited by anyone, There is still a running Loan on the property, but Loan is insured on the property.

2. On whose name the property is registered?

Property is registered in son's name

3. Is there any contribution from wife's end in the property?

Wife was not working and she did not had any contribution

4. Has the son left with any Will (Registered or UnRegistered) / Registered Gift Deed?

Son has not left with any Will / gift deed.

The only thing he has left was seperate insurance which says the wife is the Nominee if anything happens to him.

STUDENT.... (.......) 29 October 2013

1. How the deceased son died?

2. Consult with some good lawyer along with Loan Papers so that it should get clarify that the deceased has taken insurance on loan or not? (The Insurance on loan generally offered along with loan when someone applies for the same, in which if the loan borrower dies due to xyz reason then the loan amount will be paid by the insurance company instead of loan borrower family who are left behind him/her).

3. Then anyone (Wife or Mother) can file a Partition Suit in Court with all the evidence and Loan information.

With the help of that they can go ahead and sell off the property and then pay off the Loan, after that what so ever left the same can be distributed between both (Mother and Wife).

Gopal (none) 31 October 2013

Sorry for the late reply, I have been consulting with some advocates and some very experienced lawyers, They say the rules has been changed since the property was not inherited from anyone and this was bought by husband on his own along with his wife, in this case wife has the full rights on the property. as mother-in-law has her own property some where else and mother-in-law and father-in-law have there own property and get there own pensions.

Son died of heart attack.