Explain Legal rights to a Daughter-in-law?

Question

Sir,
Please explain legal rights of daughter-in-law in case husband expired having minor child. Whether she gets any share from her Father-in-law's property.who expired already (from Self acquired/ancestors)

Answer 1

Here you have asked two things property which is self acquired & ancestral. Secondly as your name suggest you are Hindu by religion & the question with regard to the persons you ask are also Hindu by religion. Now as far the daughter in law here being wife of the deceased son & her child are concerned get one share that of the predeceased son would have got out of the self acquired property of the father if such father died intestate i.e. without leaving any Will or testament regarding disposal of his such property. In your case the father in law died before this son who was the husband of this lady hence he should have taken his share before his death & that would have directly devolved to his widow & his child, but this never happened in this case. Now this lady & the child want to claim this share from such property of her father in law, right? There is nothing in the Hindu Succession Act, 1956 that prevents this daughter in law & her child to claim this share of the now deceased son of her deceased father in law now as they both are covered under the Heir of class (I) as per the Act. I know here the dispute is with regard to the term predeceased son & deceased son on the basis of which this daughter in law may be deprived of her & her child's share in such property, but this may not be taken seriously by the court as here she is asking her husband's share from this father in law's property which for some reasons her husband could not claim before his death, considering this fact & no provision in the Act that prevent any heir to claim his or her share in the property of the intestate person any time after such person's death so her claim will be allowed. As far the question about the share in the ancestral property is concerned it is her child (son or daughter) who by birth becomes one of the Coparcener can claim his or her share in such property by asking for partition of such ancestor property. As far her share in such property is concerned she is not included as a coparcener in the Hindu ancestral property, hence she don't get any share in this property.

Answer 2

Rights Of Daughter In Law

Answer 3

Whatever HER husband gets the right from his father's family, the same amount and share she will be getting for her and for her child, as per Indian Law. If she is refused, she can go to the court and get a stay for any dealings against husband's family.There is no question of Ancestors property or self earned property by her father in law, becaues he would have left some will for his successor of his family members and there he would have written something to his son and the protion will automatically come to his family(-here wife and child-)Yours VRVRAO

Answer 4

This depends on where you are. In many common law jurisdictions, if you were married to the "Father in law," if your son were the only child, then you, as the surviving spouse, would take the whole estate. In some states, however, the grandchild would take his father's share, which might mean a division between yourself as surviving spouse and the grandchild.

But I don't know of any jurisdiction where a daughter in law is entitled to anything except if granted by will.

Answer 5

She is a Class I heir of her husband and takes a share with other heirs. The minor son also takes one share. In case the in laws are not giving any share, she can file a suit for partition of the properties and get her share from the court.

http://www.firstappeal.com

Answer 6

i'm sorry for the daughter-in-regulation for the merciless clinical care. the want might want to be challenged. the want replaced into carried out in 1993 and the old guy expired in 2004. for this reason it might want to be presumed by utilizing the court docket that a lot of issues might want to have replaced interior the relatives in those 11 years. extra the grandson to the old guy receives the right to his grandfathers resources top from his beginning. IF there is not any PROVISION interior the want AS TO WHY THE old guy HAS EXCLUDED HIS GRANDSON then the grand son has sturdy case to win. extra even if there's a rationalization for his or her exclusion then also the rationalization given might want to be on the concept that the old mans 2d son replaced into no longer properly off and his daughter in regulation and her minor son are sooooo wealthy that they can maintain and keep up themself. it is a case the position in you've 50-50 probabilities of prevailing. you are able to proceed and project the want.

Answer 7

Yes i am also in the same condition. My husband, My father-in-law and my mother in law died. No Will written any where. My father in law has 3sons and one daughter. My husband is the younger one to all and he died after his mothers death. I have two childerns who are minor. In my father in laws place, my husband built one house in front side @ 2007 and he died on 2014. After his death, everybody (brothers and sister of my husband) took the house and they said front portion of the place (where my husband built the house) will come to Elder son only. So they are leaving the house and they are not giving me the same. If the property divides then my husband will get atleast one fourth of the same. So in that place only my husband buillt the house. Is it wrong as per law? MY CHILDRENS ARE CRYING TO COME OUT FROM THE HOUSE. If my in-laws are alive they will do that so.? I am helpless to my childrens. I have no income and source. My late husband has no property other than this. What i can do now? Please suggest.

Answer 8

Extralegal methods

file harassment against in-laws declaring them out laws .

If u go by the legal methods of english common law god bless u

Answer 9

yes she will get her husbands share from the property if the property is put on sale.if the mother in law is alive she has to wait till she is nomore.

Answer 10

Daugher-in-law gets right in her father-in law's property,if father-in-law has gain ed from his father,but in case of father-in-law has accuired property by his effort,you can'y claim,if he had not made any provision for his son,or his grand children,or to daughter-in-law by his will,according to hindu law.it depends upon,which community,you belong.muslim,parsi law and other law prevail in india.in matter like,you have mentioned,its better to solve by mutual undrstanding,between parties involved!Going to court means,wate of time,money,or other wise!