• Does my son have rights on my father in-law self aquired property?

Hello sir, my husband died due to suicide 7 months ago , till now my in-laws have not given any allegations against me regarding this. But I myself have filed a complaint saying that me or my son are not receiving any kind of help from my in-laws , but they refused to do so in police station saying that it's their self aquired property. Please let me know if my son has rights on their self aquired property, if yes on which section he is eligible please help, I'm not working msc graduate.
Asked 4 years ago in Property Law
Religion: Hindu

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34 Answers

During the lifetime of your in-laws, neither you nor your son can claim a share in in-laws self acquired property.

It is only incase they die intestate, i.e., pass away without any will, you can claim a stake in their self acquired property.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. You and your son along with the mother of your late husband has equal right on your late husband's property.

2. Neither you nor your son has any right on your parent in law's properties during their lifetime.

3. After the demise of your parents in law intestate, you and your son can claim your late husband's share of his late parents share of the properties.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. As per your narration it is your father-in-law' s self acquired property then he alone has the absolute right to do anything with the property during his lifetime.

2. Hence your son has no right over your father-in-law's property during your father-in-law's lifetime. In case your father-in-law dies intestate (without executing a WILL) then you and your children/child shall be entitled to share in the property, along with other legal heirs.

3. However you are eligible to stay in your matrimonial home.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Your son has no share in self acquired property of his grandfather

Only if grandfather dies intestate would your husband share devolve on you and your son

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

On the incident of death of your husband you along with your minor son have the right to claim maintenance from your father in law in section 125 CrPC.

You may also claim the right of partition on the ancestral properties but till your in law is alive or he made any bill on the self acquired properties can not be claimed.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You and your son will have right on his self acquired property. But you do not have right on your in laws self acquired property unless you can prove it is ancestral. In case you people can show it's ancestral then your son can claim share on property. After their death without leaving will your son will have right over their property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Your son donot have any right on self acquired property of grandfather they can dispose it as they want.

But in case they die intestat without any will or transfer than he can claim.that property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No, he is not entitle to get any share from their own self acquired property but you may file a maintenance petition against your father in law for maintenance under Hindu Adoption and Maintenance Act.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Hi

Yes your son is eligible.

If your husband pre-deceased your Father-in-Law.

Under Section 8 of Hindu Succession Act.

Based on limited details / information shared in your post, the above suggestion is given.

You need to comply with the provision of said section. If the same are not complied your son is not eligible.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. Neither you nor your son has any rights in the self acquired property of your in-laws. You do not have the right to even claim maintenance from your in-laws.

2. However, you along with your mother-in-law and son have succeeded to the assets, movable and immovable, left by your deceased husband in respect of which he did not make a bequest.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Madam,

No, the self acquired property is defined as follows:

However yourself and your son can claim maintenance.

What does the grandparent's property law in India state? Does the grandson own the right to the property?

All property's owned by a Hindu person devolves onto his class one legal heir's.

Now to the specific scenario's in ur example (for sake of convenience I'm presuming ur ur grandfather has only one legal heir)

Senario1: The property is self acquired by your Grandfather, in such case upon his demise interstate (without a will) the property would devolve upon ur Father and not you. In case your farther passes away before your grandfather then it such case it would be devolve upon you, your mother and ur siblings equally.

Scenario 2: the property in question is self acquired by ur grandfather father ( ur great grand farther) - would devolve same as scenario 1.

Scenario 3: the property in question is self acquired by ur grandfather grand father ( ur great great grand farther) - would devolve same as scenario 1.

Scenario 4: the property in question is self acquired by ur grandfathers great grand father ( ur great great great grand farther) - then in such a case you would be entitled to the property by birth as it becomes ur ancestral property.

To give you more clarity on the concept of Ancestral Property's : any property which passes undivided down 4 generations of male lineage is called ancestral property. The right to such property acures at birth unlike other laws of inheritance where right arises upon the death of the the owner.

Hope this brings some clarity to your question and your sense of entitlements.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) On their self acquired property you nor your sin can claim till they are alive and after them you and your son can claim on property only if it is not WILL to anybody.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can file for maintenance through estate of your husband but since your husband has no self acquired property it's difficult to get maintenance. Under sec 125 its difficult to get maintenance since the classes of persons entitled are as below:

. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means.

Since in LIC policy mother is nominee you cannot claim directly but may file a suit seeking share amount.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

No maintaince from grand fathers under Crpc 125 can be seeked as only person mentioned therein can grant maintainece. Also under hindu succession act there is no such provision.

You can claim that policy if it is under old nomination rule before 2015

As per old rules The nominee of a life insurance policy is just a care-taker! Only the legal heirs have the right on ‘claim money’. Yes, you read it correctly. The nominee of your life insurance policy was supposed to distribute the money to the insured’s legal heirs

As per the new nomination rule (2015), the concept of ‘Beneficial Nominee‘ has been introduced. Beneficial nominees are direct dependents of the policy holder i.e., Spouse, children or parents.

As per Insurance Laws (Amendment) Act, 2015 – If an immediate family member such as spouse / parent / child is made as the nominee, then the death benefit will be paid to that person and other legal heirs will not have a claim on the money.

If you (policyholder) nominate your spouse, children or/and parents, they would be Beneficial Nominees. No one else can claim your life insurance policy monies. For example : If you nominate your spouse as beneficial nominee, no one else (even other legal heirs) can have right on the death claim proceeds

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

on your husband demise you and your son have equal share in proceeds of LIC policy

2) apply for succession certifcate

3) issue legal notice to mother in law to claim your share in LIC policy

4)grand son cannot seek maintenance from grand father

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) You can't go for 125 CrPC maintenance, as parents are not liable for giving alimony to you.

2) Yes you can ask your and son's share from LIC policy, as your mother-in-laws is only nominee and nominee's job is for to receive money from LIC or LIC will be handing over her. However you have full equal rights in the policy money. And your share will be 1/3rd and your son 1/3rd means you will be getting 2/3rd share from LIC policy.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can claim LIC policy of your husband because you and your son are the only legal heir of your husband ad you may file a maintenance petition against your father in law.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) There no such law made that in-laws will lay alimony to grandson, but you can ask for permanent resident in your matrimonial home, besides the home is on in-laws name.

2) Is your husband was working man or businessmen or handling family business then we have to check all background of your husband. On that situation we can just you how much share you can get it.

Please feel free to contact us via consultation call.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1. Under no provision of law you or your son can claim maintenance from your in-laws.

2. Since your mother-in-law is the nominee of the insurance policy of your husband you cannot claim it.

3. Since the husband had a car on his name it has devolved on his mother, widow and children equally. Your in-laws cannot stop you from using the car.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

On husband demise your mother , you and your son would be legal heirs

2) you can apply to RTO to transfer vehicle on your name

3) enclose copy of Death certificate of husband

4) NOC from mother in law

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hi

You son is not only eligible for maintenance but also eligible / entitled to a share in property.

You can:

1) Initiate proceedings for maintenance.

2) Initiate proceedings for share in property.

Once No.2 is done, they will certainly come for compromise, you can strike a deal then, your take please.

You can start the above proceedings as a mother and natural guardian of minor child.

With regard to the properties given to you by your BIL the same are not work consideration.

May God Bless You Both !!!

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Dear Madam,

You can file maintenance case for your son under section 125 of Cr.P.C and also under the provisions of DV Act. Get RTO details in respect of car possessed by your husband and make a claim. You may lodge complaint against your MIL, if you desire.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

you can seek phone consultation AND OBTAIN CONTACT DETAILS from the website of the advocate

2) your son has no share in self acquired property of his grand father during his lifetime

3) on his demise intestate you and your son would inherit your husband share in property

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Please note till death of your father in law your son has no right on his self acquired property. If he dies without leaving a will your son can claim partition.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. As per Hindu Succession Act, your son is entitled to claim share of his late father;'s properties but not his grandparents properties during their lifetime.

2. Claim for maintenance under section 125 of Cr.P.C. is not applicable on grandparents..

3. However, you and your son along with your mother in l;aw have equal share on the LIC payment since nominee is considered as the trustee of the fund and not the owner. The fund shall have to be distributed amongst all the legal heirs of your husband. `

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

In your father in law's self acquired property, nobody including your mother in law do not have any right nor they can claim any share in it legally.

Therefore when your husband himself did not have any share in it, your son cannot even think about it.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. You have multiple issues to be handled separately.

2. Your son is not entitled to claim maintenance from his grandparents.

3. You, your mother in law and son has equal right on the car of your husband. you can You can lodge a police complaint for their taking away your and your son's share of the insurance money and also the car. You can also file a Money Suit claiming payment of the same with interest, damage and cost.

4. You can also lodge a police complaint against your brother in law for harassing you and for taking away all your belongings including laptop, phone etc. and damaging the same.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Sir is my son eligible for Hindu succession act or crpc 125 for his maintainance. Also they have taken my husband's LIC policy whose nominee was my mother in-law can I claim for that ? My son is three year old how can I get a maintainance allowance for him from my in-laws?

You are not entitled to maintenance from your in laws.

Neither your sion is entitled to claim any maintenance amount from his grandparents.

Section 125 cr.p.c. is not applicable in this circumstances neither there is any law to give you this relief.

The LIC money should be disbursed to all the legal heirs of the deceased life assured though nominee can receive the money from LIC on behalf of the legal heirs.

If the death claim amount has been settled by LIC then you can issue a legal demand notice to your mother in law seeking the share an equal share to you and to your child from that money.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. Sectiuon 8 of Hindu Succession Act, 1956 states as under:

8.General rules of succession in the case of males

The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II

of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

2. In the beginning it self it has been mentioned that "The property of a male Hindu dying intestate.........." , which means that this section is applicable only after the demise of the person intestate i.e. without executing any will.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

I want to claim for maintenance for my son , I don't need maintainance from them . My husband has a car on his name, how can I claim that? Also my brother in-law has taken away all our belongings and when I asked he handed over bank cards, laptop and phone all in non-working condition , he is hurting me. Emotionally (deleted all our personal files on laptop and locked the phone and taken away sim cards)

You cannot claim maintenance either for son from your in laws.

You can very well claim his car and your other articles from them.

You can lodge a police complaint seeking return of yor stridhan articles lying with them.

If your brother in law is hurting or insulting you, a criminal complaint can be given under section 294b, 503 ipc and also you may contemplate to issue a defamation notice to him..

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

And under Hindu succession act section 8 my son is eligible for the self aquired property of my FIL? Please let me know

Please dont be misguided to initiate any action under section 8 of HSA either for a share in the property that belongs to your father in law or for a partition suit.

No such case will maintainable or tenable in law.

You will fight a losing battle and ultimately you will lose your hard earned money, energy and time due to the non-maintainable case.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Yes, your son is eligible to seek maintenance under crpc 125.

File a case in the Family Court and seek maintenance for your son from your in-laws.

Both you and your son are entitled to seek your claim in the payment of LIC Policy.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

To claim your husband's car, file a succession suit.

Since your MIL has confiscated your personal belongings and streedhan, lodge a FIR against her under sec 406 ipc.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

And under Hindu succession act section 8 my son is eligible for the self acquired property of my FIL?

Ans. NO.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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