Dear Client
Your husband may demand his share from the ancestral property only.
Regarding my husband's rights in parent's property at the time of joblessness
Hello, I am a Muslim female been married since last 11+ years to a mechanical engineer from Chennai. My in laws were present for the marriage because I was his son's choice. We couple shifted to Dubai as we both were working there before being married. My in laws started pressurising my husband to sponsor them to Dubai immediately after our marriage but we asked time for visa processing. They thought we don't want to call them n my husband's mother send 3 pages text message cursing n abusing me n my husband for ditching them as parents. They broke all ties from me n their son. In between i tried calling n sending them messages to resolve issues but they never responded. Before few months again I tried sending them whatsapp so that things get alright. My husband in the meantime lost jobs many times and I earned n supported him in his bad times. Still he's jobless and I'm staying wIth my mom. We also came to know that my husband's only brother (younger) settled in canada with his wife. We know my in laws helped n so he could settle there. My in laws send messages to my husband that's hurting always. I told him his situation but they do not even ask how's he. I have no kids because my husband has medical issues. My husband is a wonderful human being n I want that he should get his rights from his parents property. He never asked for it. He always said he wants nothing from them. But what about his joblessness n my situation where I have to earn n support him. My in laws hate me n they just want their son n not me n I can't leave my husband. We have beautiful relationship. We both r afraid that his parents will give away everything to their younger son who's in canada now. Before marriage my in laws had asked 10 lakhs rupees n 1kg gold as dowry but we couldn't give as I have no father since long back. But still due to their son's wish they got us married. I don't know what I should do. I'm tired n helpless n want my husband's rights as well as mine as daughter in law. I don't even have a house of mine. Please advice what I can do in this regard. Regards Thanks
Asked 4 years ago in Property Law
Religion: Muslim
18 Answers
Hi,
Your husband may not ask anything out of self acquired property of his parents but he can definitely ask from the ancestral property his share
You can ask for residencr rights as a matter of right. You can seek alimony/maintenance from husband
But my husband doesn't have job since past long time and he is a lovely person. I don't want to ask anything from him. All his earnings from 1997 to 2008 (year of our marriage) he had been sending his salary to his parents. He had a joint account with his mom where he had accumulated his salary but his mom never gave him ATM or passbook. Today if we could have had that savings of my husband, he would have done something for us. In this scenario what? N what if his younger son gets entire property after their death?
Asked 4 years ago
You can claim the same money in which your husband has rights and his mom has kept with her illegally
If he has joint account than he may claim his own savings on the basis of his salary slips and account statement.
See of it is self acquired property of in-laws as per indian rules you have no right in the property neither your husband has any right over the property.
See if they right will or.gift entire state nothing can be done in the case you can politely ask them if in life they wish to give husband his share.
IN muslim shariah law you don't have any right over the property of your parents during their lifetime, whether it is self acquired or ancestral. your parents will be having absolute authority over the same during their lifetime. you have no right to claim any share.
better settle dispute amicably through mediator or with the help of local mufti ulema.
During parents lifetime son has no share in his parents property
2) however on their demise your husband would be one of the legal heirs
3) Muslim cannot bequeath more than one third property by will
You get son would not get entire property on parents demise
2) as far as joint account is concerned your husband can come down to India approach bank for cheque book and pass book
3) withdraw funds from joint account if mode of operation is by Amy one of account holders
Dear Querist
Being the Muslim, he has no right over the property of his father, as there is no provision in Law or in Holy Quran if he died without any will than only he can get the share in the property otherwise not.
after attending the majority, the son has no right to claim anything from his father.
Feel Free to Call
If it's ancestral property than they can't give unless n until of your father's wish as per the Indian Succession Act. If the property is selfowned of parents than you can't do anything, parents has full rights to distribute their property as per their wish.
Now you can tell me whether you're Shia or Sunni Muslim.
And property is selfowned of your parents-in-law or ancestral.
These are not legal conditions which create any right on the property till the time of your in laws in case they want to transfer any property which is their self acquired property they can transfer it to anybody as per their wish your husband have only right on the ancestral property if anything is left otherwise no rights arises on the property of his father without the permission of the father so so in nutshell in right on the property cannot be exercised until and unless you don't have any prove that any property is purchase out of this income investor in that by your husband and for that purpose you have to to go to the court and claim a title on that property based on the documentation which can be proved in the court
Dear Madam,
Under the Muslim law, there are three classes of heirs
- SHARERS, they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of his property. The wife is allowed to inherit a fixed share from the property of the husband which is 1/6th of the total share.
- RESIDUARIES, who do not have any prescribed share in the inherited property but they are eligible to inherit whatever is left after giving away the part of sharers. The children, both sons and daughters, are the residuaries in the father’s property. A daughter is allowed to take her share in the partitioned property irrespective of her marital status. They are to distribute the remaining 5/6th part of the property among themselves. The share of the son and the daughter are in the ratio of 2:1. The son is entitled to double the amount of property than the daughter.
- DISTANT KINDRED, are all those people who are related to blood to the property owner but do not fall into the category of sharer or residuary. There right is not ipso-facto present on the property, but needs to be proved.
Your husband will have equal rights in the property after death of his parents as their legal heir.
If his younger brother refuse to give share of property then he can file partition suit against him and other legal heirs.
Till their life time they can sell or transfer the property as they wish
If the property belonged to your parents in law, then your husband do not have any rights in it at least not during their lifetime.
The self acquired property of an individual shall be his own and absolute property in which nobody can claim any rights for a share.
Therefore ask your husband to maintain cordial relationship with his parents so that they may give a share in the property to him due to the love and affection towards him, but do not raise any legal issue, which may create an adverse impact permanently, so he will be a loser forever.
If your parents transfer the property to their younger son by a registered deed, during their lifetime then nobody can question their authority on this subject.
Legally your husband cannot claim any share in the property just because he had been sending money to them in the past.