What are the widow rights in father in law property? This answer depends on the applicable law of inheritance of property, which varies based on one's religion. Thus, Hindus, Parsis, Christians, Muslims, etc., are governed by their separate inheritance laws.
As per Hindu law, A daughter-in-law does not have any rights in the self-acquired or ancestral property of her in-laws. After her husband’s death, i.e. as a widow, she has the right in the property of the husband. This property can be either self-acquired (if he dies without leaving a will) or ancestral.
So, the Hindu Succession Act 1956 doesn’t give any rights to widowed daughter-in-law with respect to the property of the father-in-law. However, if a father dies without leaving a will, a daughter has an equal right in his property as her other siblings, but the daughter-in-law does not have any right in her father-in-law’s property till the time her husband is alive. After her husband’s death, she is entitled to get a share in her husband’s property along with his other legal heirs.
The Hindu Adoptions and Maintenance Act, 1956 (Section 19) provides for the maintenance of a widowed daughter-in-law by her father-in-law under the situations specified therein. As per Section 21, a pre-deceased son’s widow is a dependant.
The daughter-in-law has a right to residence only till a matrimonial relationship exists with her husband.
Now you know about the widow daughter in law rights in father in law property.
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Read more:
Is daughter in law a legal heir?
Can daughter-in-law claim father in-law property?
I hope now you know what are widow rights in father in law property.
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The property distribution law in India also includes the rights of a widow in her father-in-law's property. It depends on various factors, including the personal laws applicable to her religion and specific circumstances.
Right of widow in ancestral property of husband is discussed below:
The rights of a widow typically depend on whether the property is self-acquired or ancestral, whether there's a valid will, and the presence of other legal heirs.
If the property is the self-acquired property of father in law, a widow does not have an automatic right to that property upon his death. The father-in-law can leave his self-acquired property to anyone he chooses through a will. The widow can claim such property but it would depend on the presence of a valid will and other legal factors.
If the property is Ancestral Property and the father-in-law passes away intestate (without a will). The widow will have a limited right to ancestral property along with his other legal heirs.
According to Mitakshara Coparcenary Property the daughters and widows have equal rights as coparceners in ancestral property. This means that a widow can now have a share in her father-in-law's ancestral property.
Regardless of property ownership, widows also have rights to maintenance and residence in the property where she has resided during her husband's lifetime. This should help you know
what are the legal rights of a widow.
Will and Succession Planning: If a father-in-law wishes to have a specific distribution of his property after his death, he can create a valid will including for the widow.
But it is highly recommended to consult with a qualified legal expert who could guide you about the rights of widows in father-in-law property based on your situation.
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Read more
How to Transfer Property from Father to Son After Death in India
What is the Time Limit To Claim Ancestral Property in India
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What are widow rights in father in law property?
Subharna
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2022-05-06T19:03:06+00:00 2022-05-06T19:17:34+00:00Comment
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