Mother has no share in property purchased by son out of his own savings
At most she can seek maintenance from her son if she is unable to maintain herself
Do mother in law has right on sons property?
Dear Sir, My FIL had a sudden demise during our marriage time,soon after our marriage my mother in law acquired FIL's house and property which FIL had assured for his son before death,saying she needseverything.IF you want something you earn by yourself.My self or my husband didnot claim for that and gave our ownership over everything to her,she being the single owner of FIL's ancestral house and FIL's property.We dont need that anymore and from that incident we are living separately.We bought a new flat with my FD,PF,gold loan and one womens home loan for which husband is paying EMI as i am not employed currently.Mother in law has a house of her own,car,and an FD worth some 30 lacs. My problem is she is now claiming her right on the house which we have bought,do she had the claim on that.Please suggest
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
1. DO not worry as your MIL does not have share in the proeprty purchased by your husband. So rest assured on this account.
2. On the contrary on the death of your FIL , your husband have equal share in the proeprty left by his father and if he has not gifted the same to his mother by any registered deed then he can still claim the same.
Your mother in law cannot claim any share in yor husband's property or the properties standing on your name as a right.
As a mater of fact your husband has rights in his father's properties if he was reported to hav died intestate.
Let your mother in law make claim or do any trick or mischief, you people should not give in or budge to her any pressure including sentimental pressures.
Her case, in case she is approaching court, may not be maintainable.
Thank you for all your valuable answers. My MIL tortured my husband so much and make our life very much miserable to live by continously calling soon after we went for a trip after marriage and we jointly decided to give everything to her and she has everything registered under her.My MIL is so cunning that she make us sold the property of FIL and the money she put as FD and its interest is her monthly earning and she owns a car also which was bought by FIL and was maintained by my husband.During our marriage time she tried to register the car under her name but her brother stopped that act.She is living with a servant for whom she is giving salary.We dont need any of those things and are living separately from her,we just need to live happily together.Even after doing all these things my husband used to visit her once upon sentiments that she is alone once in a month and we both used to go yearly twice or thrice.She has one married daughter also settled abroad who is immensely rich with 1 flat and 4 lands in ekm and kollam among that 1 was mother property registerd to her during her marriage. Is she eligible for a maintenance amount from his son and do she has the right to come and live with us without my consent.Because living with her means she creates problem in our house and make us separate and i fear that.I just dont need any of her properties or her single money besides need a happy life with my husband.
Asked 8 years ago
1) since mother in law is able to maintain herself court would not award her maintenance
2) at most court may award her Rs 10000 as maintenance if she is unable to maintain herself
3) she has house in her name hence would not want to stay with you
4) inform your husband that you don't want to stay with MIL
She can claim maintenance only she is unable to maintain herself or not able to meet the sustenance expenses.
She cannot seek maintenance from only one son, she has to implead all her sons in the maintenance case.
Since she is having own income including fixed deposits on her name and enjoying the life with a servant for help, her maintenance application may not sustain if argued properly before court.
1. A mother has no share in the self acquired or separate property of her son during the latter's lifetime. Her only right qua the property of her son is the right to reside in his property, but if she has a house of her own then she cannot claim this right.
2. She cannot claim maintenance also if she is self sufficient.
