Hello, My husband has 3 sisters all elder, married and well settled. My father-in-law passed away last year. My husband takes care of all the needs of his parents both physically and financially. My inlaws stay in our hometown. My mother-in-law has inherited some money from the sale proceeds of her father's house. She wishes has invested all that money in mutual funds. she doesn't touch that amount and asks my husband money (more than required) for her daily expenses. Since our marriage last 15 years we have been taking care of them. Now my mother-in-law wants to distribute all the money she has between her 3 daughters. My husband refuses to have it. so she has not considered my husband in distribution. My in-laws have a house but I don't know whose name it is. I think it is in the name of my mother-in-law. Right now my mother-in-law is staying in that house. My husband bears all the expenses of the house be it repair or maintenance. His sisters do not contribute to it. He visits his mother every 15 days and stays there for around 10 days. I have 2 kids. My question is. 1) If my husband refuses for his share in the whole investment or property that my mother-in-law has can I claim it? Because ideally, my kids have right to the ancestral property. 2) Can I demand to know what all investment she has as they all (my husband his mother and sisters) are keeping me away from it?
If your husband refuses for his share in the whole investment or property that your mother-in-law has then you can not claim it. As a suggestion you can talk with your husband because your kids have right to the ancestral property.
If your husband knows then you can ask him about the details.
If you are thinking about the maintenance, education, future of your kids then you can say it to your husband. Being a father he will listen and take decision accordingly.
1)you have no share in property standing in name of MIL
2)it is not ancestral property
3) property which has remained undivided for four generations is ancestral property
4) you cannot demand to know what all investments are made by MIL
You have no right and share in property made in your mother in law name. You stated that she had inherited property from her father once she has inherited it becomes her self acquired property and neither her son or her grandchildren have right to claim it as ancestral property or any money got from sale proceeds.
Secondly if your mother in law has home and it's in her name till her death your children have no claim for partition on it.
You cannot seek to know what all investment she has better to talk to your husband and convince him to take share with his sister's.
Dear Client,
1) If my husband refuses for his share in the whole investment or property that my mother-in-law has can I claim it? Because ideally, my kids have right to the ancestral property. -- U have no claim in in laws property and if property is acquired by grand father of your husband and passed down from generation to generation (grandfather and father) up to the present generation without being divided or partitioned by your family, than only child have coparcenary right in the property.
2) Can I demand to know what all investment she has as they all (my husband his mother and sisters) are keeping me away from it? ---- No.
1. Neither your husband nor you nor anybody else can lay any claim on the properties of your mother in law during her life time leave apart your claiming share for and on behalf of your your husband.The definition of ancestral property is different and it is not an ancestral property for your kids.It is the inherited property of your mother in law.
2. You have no role to play in the matter and have no right in any way to seek information about the investment details of your mother in law. Even no body has any right to know about her investment details.
1) The movable property is sole concern of your mother-in-law and nor your husband and son have rights on it, till she is alive after her your husband has equal rights in siblings.
2) Now the immovable property you have to check on whose name the property is as of now and how it is inherited. From whom the property has inherited, whether grandfather, or great grand father or father of your husband, so it depends upon the source od property. Any how your husband has rights on property whomsoever is the property owner but for your son as of now it will be limited ownership.
Thank you all for the quick response. My husband says "I don't want anything. He says God has given us enough. But if we are looking for the maintenance of the house and support mother-in-law which none of his sisters are doing then still we have no right to the share of her investment? This is not fair. My husband is retired now. Though kids are small he has made provision for their studies. Can me or my children demand our rights in the house and my mother-in-laws investment after her death if she has not given us anything?
If she dies intestate, than husband will inherit equal share along with sister.
But u have no say in the matter except convincing Husband.
only if mother in law dies intestate would your husband have share in property
2) if she executes will property would devolve on beneficiaries under will
3) you and children have no share in properties
Some person have the ideology that they will help and support others but will not take any thing in return.
If your husband after retirement also is able to maintain his children then you can be proud of him since without taking share from his mother's property he is supporting her selflessly.
If she makes any will, or gifts her property to her daughters then you cannot claim because you said that your husband has said "I don't want anything. He says God has given us enough."
With free consent he has not taken his share.
1. The law stipulates that son shall have to maintain his parents and if he refuses to maintain her, then they can file a petition u/s125 of Cr.P.C. before the Court for which the Court can compel the son to maintain his parents. This is law enacted in our Country which you might think unfair but shall have to abide by it.
2. As explained in my above post, no body has any right, title and interest on your mother in law's movable and immovable properties during her life time.
3. Your husband shall inherit his share of his mother's properties along with his other siblings after the demise of his mother, intestate i.e. with out executing a will. You and your children shall have to right on the share of your husband on his mother's properties during his lifetime. You can claim his said share of his late mother's properties only after his demise, intestate.
Hello,
As a matter of right only your husband can raise demand in the properties of your mother in law.
However, if the same is ancestral property i.e., the same has not been divided since last four generations then go ahead and claim the share that would come to your children
If she passes away without a will then also your children can claim a share in the said property
Regards
since your mother in law has inherited the money from sale proceeds of property of her father, she is absolute owner of this money. this money is not from the sale of ancestarl property, as such you and your childern have no right to claim any share from that property even after her death.
Once she dies your children can claim it as ancestral property if she dies without will or gift executed in her daughter favour. Then only your children will get rights to claim for partition.
1) If mutual funds amount remains on her name and she doesn't make any WILL of it, than your husband is entitled for those money's share. And can equally distributed among siblings.
2) By default your husband has share in house hold property which is inherited by her husband name.
1. No, neither you nor your daughter can claim it on behalf of your husband. Grandchildren have no automatic right in the properties belonging to the grandparents.
2. No, you cannot demand the details of the investments from her.
1) If my husband refuses for his share in the whole investment or property that my mother-in-law has can I claim it? Because ideally, my kids have right to the ancestral property.
It is not ancestral property to your kids hence on any basis you cannot claim any right in it.
It is your mother ion law's own and absolute property, in which even your own husband cannot claim any share as a right.
If your mother in law wants to give this property besides other movable property to her daughters alone, nobody can stop her from doing so, at least legally.
Further you cannot stop your husband from taking care of his mother even if she is not giving him anything in return, it is his duty to take care of her as per law.
If he has derelicted his duty to you and your children then you can claim maintenance from him
Fancies and whims do not find place in law.
2) Can I demand to know what all investment she has as they all (my husband his mother and sisters) are keeping me away from it?
No, you do not have any right to know any personal details about not only your mother in law but also about your own husband.
There is no provision in law for that.
My husband says "I don't want anything. He says God has given us enough.
He is a gentleman and magnanimous person;
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But if we are looking for the maintenance of the house and support mother-in-law which none of his sisters are doing then still we have no right to the share of her investment? This is not fair.
If supporting his mother is not fair then what is fair in your opinion.?
Your desperations do not have any answer in law.
My husband is retired now. Though kids are small he has made provision for their studies.
As a dutiful father he made provisions for his children too, what else you need?
Can me or my children demand our rights in the house and my mother-in-laws investment after her death if she has not given us anything?
No there is no provision in law for that at least not during the lifetime of your husband
Yes she has right to ancestral property. But the right will not be active till your husband is alive. Grand children rights comes later.
