• Property right

My mother in law and father in law were separated with mutual consent and she is having maintenance of 50% after separation. My father in law brought her back almost around 15yrs of separation for the purpose of his kids marriage without any written agreement , after that also she was having 50% maintenance. Then I was married to her son in 2012, after I came to my matrimonial home I got attached with my father in law, in first Diwali he called me Lakshmi, and in second Diwali, when I was coming for diwali celebration, he was going to gift his entire properties and dhan to me as I was pregnant and on child birth he planned to give me entire dhan and properties to me, but just before Diwali, he died. I dont have any documents.Please explain how much is their right and how much is mine.
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

We're your in laws divorced ?

2) if they were not divorced on FIL demise your MIL and your husband would be the legal heirs of FIL properties

3) you don't have any share in properties standing in name of FIL

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

1. accepting maintenance after reunion shows that they were live together not with intention to live as husband and wife.

2. after death of your father in law his divorced wife cannot claim any right in the property, however your father in law did not executed any gift deed or made any will so you cannot claim in the property as a matter of right.

3. after his death your husband is entitled to receive his all property on the basis of inheritance.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

on demise of your father in law your mother in law , sister in law and husband have equal one third share in property standing in name of your father in law

2) you dont have any share in property

Ajay Sethi
Advocate, Mumbai
99995 Answers
8163 Consultations

when I was coming for diwali celebration, he was going to gift his entire properties and dhan to me as I was pregnant and on child birth he planned to give me entire dhan and properties to me, but just before Diwali, he died. I dont have any documents.Please explain how much is their right and how much is mine.

Mere promises are not law.

Do you have any documentary proof like Will etc executed by your father in law in your favor to the effect of his promise o transfer his property on your name?

If so then you can rightfully claim the property, if you dont have any, then you may not be able anything legally.

Upon his intestate death, all his properties shall devolve on his own legal heirs namely his wife and children.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

updation: My mother in law has two children, one my husband and one my sister in law... My sister in law is divorced and claimed all her alimony from her in laws...how much will be my and my husband's right.

The current marital status of yor sister in law will not alter her rights in her father's properties who is reported to have died intestate.

The properties let behind by you father in law shall be equally shared by all the three legal heirs to the proportion of 1/3rd each.

T Kalaiselvan
Advocate, Vellore
90196 Answers
2506 Consultations

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