Widow has same right in the property as that of the husband, so you can file a suit in the appropriate court of law seeking injunction and partition of proprty that belonged to your husband.
Regards
Right of Widow whose father in law is also dead
Member(currently): Widow(of elder son),her two son and a daughter and other (mother in law,brother in law,his wife and his two son and a daughter). Situation: Elder son died in 1998, at that time his one son was 5yrs old, other son 4 yrs old and daughter 7 yrs old. After six month of elder son's death his father also died(i.e. father in law). Younger son(brother in law of widow) started torturing the widow (his elder brother's wife) to get all the legal paper ragrding any property including her bank account details.He also sold of the property of his died elder brother and didn't give anything to widow.Also I think he have transferred some property to his or his wifes name by forcing the widow for signatures. Also he(younger brother)didnot give anytype of alimony or maintainance to the widow ever. Now currently in 2017 they are demanding the widow to leave the house with her son and daughter(none of them are married yet). What are rights of the widow here in property as well as personally?
Asked 8 years ago in Family Law
Religion: Hindu
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6 Answers
On demise of father in law his property would devolve on mother in law , elder brother , younger brother
2) the one third share of your husband would devolve on widow and her 2 minor children
3) she cannot be forced to vacate the house
4) she can file suit for partition to claim her one third share in property
5) also seek orders to set aside fraudulent sale of property belonging to her husband
Dear Concerned,
The widow has rights same as what her husband would have if alive. Under present circumstances it is suggested to first file a case for cancellation of Registry done by brother in law for the property belonging to the brother.
As the widow has equal share she can not be forced to move out of the property , it is suggested to file suit for partition and injunction to claim share in the property..
Best of Luck
1. If the elder brother had a property, movable or immovable, and he died intestate, it devolved through succession on his mother, widow and children. So the sale of property by brother-in-law is illegal as he had no share in the property of his deceased brother. The widow of elder son can file a suit for declaration of the sale made by her brother-in-law as illegal.
2. Any other property transferred by him to his wife can also be challenged by the widow of elder son.
3. The widow should file a case under Section 12 of DV Act to seek residence and protection orders to reside in the house without being subjected to acts of domestic violence.
This widow will step into the shoes of her deceased husband and all the property rights which her husband had, will be enjoyed by her upon the death of the husband. Besides the self acquired property of her husband will devolve upon her and her children.
The widow has rights to a legitimate share out of her deceased husband's share in his deceased father's property.
Her brother in law cannot deprive the widow or her children of their rights for a share out of their deceased father's share in the property left behind by their grandfather who is reported to have died intestate.
The widow and her children can file a partition suit claiming the share of the deceased son of that family and separate possession of the same.
The sale of certain properties by her brother in law will not be binding on them.
