• Rights of remarried daughter in law

My son passed away in 2012 and my daughter in law moved back to her parents place. My son's assets/insurance payouts were transferred to her and everything was amicable. She is now getting married in Feb. 2019. What rights does she have on my property before and after getting married? What precautions can i take to ensure her new family does not take any advantage of this situation? Everyone involved is Hindu.
Asked 7 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

18 Answers

The property transferred to a widow after the death of her husband remains with her even after she gets he married.

The property of husband which is transferred to widow cannot be reclaimed by the family members of the husband and she is the absolute owner of the property and have all the right to maintain transfer or will the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

See in your life she has no right on your property you can freely transfer same by sale gift to anyone you want but in case of your intrastate demise that is without will  she has right on the property. You can make a registered will of the property in favour of person you want to give said property to.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your daughter in law has no share in your self acquired property 

 

2) you can execute will bequeathing your property to whomsoever you so desire 

 

3) will should be attested by 2 witnesses 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

See even property is inherited by you she has no right on same therefore you can freely sale it. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You are at liberty to sell property inherited by you 

 

2) your daughter in law has no share in said property 

Ajay Sethi
Advocate, Mumbai
99786 Answers
8145 Consultations

Yes your daughter in law will have the share in the property which is inherited. If things are good then you may get a relinquishment deed from your daughter in law to get the title of the property to sell it.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. on the date of death of a person, all his properties including terminal benefits from his job devolves upon his widow, child, if any and mother in equal share.

2. It is not clear from whom you have inherited this land . If this not from your son then your DIL has no share in it.

3. So the marriage of your DIL would not relinquish her right over the properties she has already inherited from your son.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Dear client, 

In your property she has no claim. Only after your intestate demise , she can claim share of her deceased husband. As of now u can sell it or can make WILL so that she can not claim anything.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

She does not have any right on your self acquired property. 

Just that make a will of your property so that if you die intestate then she does not claim any share in the property  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

No she will not have any right on your property 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir, as per your situation, your daughter in law cannot claim a share in property that you have built by your own earnings and income. in order to ensure this, you can take a few steps.

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

hello

        your former DiL only has rights to her husband's self-acquired property and nothing else. the property may be moveable/immovable. the money your son earned and has not willed it belongs to her as well as any land etc. she cannot claim any share in the ancestral property.

regards

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If her name mentioned in your son's legal heir certificate, then she claims the inherit property also.

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

Your daughter in law automatically gets the rights as a legal heir out of the properties that were left behind by your son, who is reported to have died intestate at par with you.

However, she can exercise her rights towards the properties at par with you only till the time she is remarried to another person.

After her remarriage, she loses all her rights in her deceased husband's properties because she will be entitled for such rights with her new spouse.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

Your daughter in law do not have any rights in your own properties immaterial if she remains unmaried after your son's death or marries again.

In fact, nobody has any rights in your property during your lifetime including your deceased son if he was alive, hence there is no question of she having any rights in your own properties.

T Kalaiselvan
Advocate, Vellore
89988 Answers
2493 Consultations

If you are already transferred the said land  then you are a sole owner and you can sell. If the property is in your son name then your daughter in law  have right to claim her share. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that she has already taken everything since long time back.
  2. And now when is getting married again, she should not have any further right in any of your properties as if she claims then that may be treated as her tool to torture you and grab some money.
  3. But, she may have right in the notional share of her husband including yours also in that very notional share out of the anscestral property which you have been taking about.
  4. Now, if you like my answer then you may please consult me through Kaanoon to assist you on that aspect with some case laws to support your situation against her.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Sir,

Be informed that widow after her marriage looses all her rights over the properties of her late husband.  As you said she had already received the terminal benefits of your son after his death.  You may claim your share or entire such benefits stating that she married after the death of your son as such she is not entitled except the parents of the deceased.  

It is your absolute property you can sell it. She has no right or share in it.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer