• Property in mother-in-law's name

Hi,

5 months back my brother passed away due to accident. All properties including residence house is in my mother's name. Now my Sister in law (wife of my demised brother) is asking share of the properties and share in house which myself and my mom is living. My sister in law is not living with us and moved to her parent's house. And she is planning to remarry but not cent percent sure. So my doubt is whether she has rights to claim the properties in her mother in law name. Kindly help.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Yes she has right over the share of your demised brother on demise of your mother the total property shall be divided between father if alive, yku, other sibling if any , and the wife of demise brother equally.( If brother has children also then brother share shall be divided in wife and children equally.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A widow is the legal hair of her husband property and your sister in law can claim the property and please be aware that a Hindu widow may is entitled to hold the property even after her remarriage.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Widow have rights in your mothers property, succession on her husband\'s share in his father\'s and mother\'s properties.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

She will claim and court will allow the share. Dear sir law is made on equal ground not on opportunity.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If the property is acquired by Mother on her own, she can either sell or gift to her son.

But if the property is acquired by Father and given to Mother as a care taker with a will , she can not sell in normal circumstances as the property belongs to all sons with equal rights.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Sir as stated by you mother is no more this kind of confusing. But still in case the property is transferred to you in life of mother or by will she won't have any share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your sister in law has no share in self acquired property of your mother

2) you and your brother also have no share in property of your mother

2) your mother can bequeath property to whom so ever she pleases

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

Mother can transfer property to you during her lifetime by gift deed

Gift deed should be duly stamped and registered

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1.Daughter in law has no right of share in the propriety of mother in law.

2. on the death of your mother the grand children will inherit share but your sitter in law can not inherit any share therein.

3. Since there is no child of your brother so you alone will become the owner of the property left by your mother and your sister in law can not claim a portion of it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

She has no right to stake a claim in your mother's property.

During her lifetime your mother may use and dispose off her properties in any manner as per her wish. She is also free to transfer this property to you or any one else of her choice during her lifeime.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Your mom is free tranfer these properties to you.

Even if she files any case, hey same will be bogus and will be soon dismissed.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Hi

1) The property in the name of the female hindu is her absolute property vide section 14 of Hindu succession Act.

2) So technically as long as the property is in the name of your mother, no person including your sister in law or yourself can make any claim in the property.

3)In fact even if your brother was alive, could not claim any share from the property owned by the mother.

4) Your sister in law does not have any right whatsoever to claim the properties in your mother's name.

No worries.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

Dear client,

She has no right in the property.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

- If the property in solely in your mother's name then your sister in law has no right in the property.

- There is no need to transfer the property.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

Your sister in law has rights for claiming a share as a class I legal heir to her deceased husband's properties alone that too if he is reported to have died intestate.

She cannot claim any share out of the properties belonging to your mother.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

If the properties are registered on your mother's name , then she, having clear and marketable title, can very well transfer the properties to your name by executing a registered settlement deed.

Once this procedure is followed you will become an absolute owner and nobody can question your authority on it.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. Your sister in law has no claim whatsoever;

2. Since the property is in your mother's name and if she dies intestate (i.e. without will) then you and your SIL can claim;

3. So it is better to tell your mother to make a Will in your favour;

4. Once your SIL gets married again she loses all claim on your mother's property.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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