• Wife rights over in-laws property after husband's death

Hello,

My parents have over 20 acres of land (ancestral property) and several flats. My mother also inherited some property from her parents.

I am the only child. Currently, there is no property under my name.

I am married with no children.

Question - Let's say if I were to die before my parents (in 2022) and my parents also pass away 5 years after my passing (in 2027), can my wife lay claim to the property (of her in-laws) that would have been passed down to me?

If so, is there any way to prevent that? I am in poor health and my wife does not get along well with me, she is eager to take my parent's property and marry another man.

Please let me know if there is a way to safeguard the property from her so that it goes to my parent's siblings and their children. Thank you.
Asked 5 months ago in Property Law
Religion: Hindu

9 answers received in 1 day.

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9 Answers

Yes she will have right in absence of any other legal heirs in the same. Your parents need to will it to someone else or should make a condition that if such circumstances comes the property will not go to her

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Your parents can execute will bequeathing proeprty to whom so ever they please 

 

2) will should be attested by 2 witnesses 

 

3) in such a case on your demise your wife will not be entitled to any share in property 

 

4) in alternative parents can execute gift deed during their lifetime for their property in favour of their siblings or children 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Hi 

No your wife does not have any right in the properties of your parents, as they are still alive. 

Your wife can claim ownership only after lifetime of your parents, where your parents and yourself both are not there , hence by virtue of Succession the property will divolve to you and than to her . 

As a precautionary step your parents can either will it to each other OR take a reverse mortgage OR sell those assets.

 

AS after lifetime of parents and yourself, the properties have to Go somewhere - you need to figure out whats that somewhere or someone is ? 

Best of luck 

 

Atulay Nehra
Advocate, Noida
1286 Answers
58 Consultations

5.0 on 5.0

If your parents do not make any arrangement towards their property then as a  legal heir to the predeceased legal heir your wife shall be entitled to inherit your share of property. 

To prevent this situation your parents can transfer the properties lying on their name to anyone of their choice during their lifetime. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

In that case, execute a legally valid WILL bequeathing your not yet inherited property owned by your parents' to whomsoever you wish, including parents'siblings and their children.

Shashidhar S. Sastry
Advocate, Bangalore
4356 Answers
258 Consultations

5.0 on 5.0

  1. The only married son dies childless before death of parents: in the  lifetime parents, share of son in ancestral property  will pass on to the  widow of son. During their life, they can deal with their share as they wish.
  2. Parents die in 2027: widowed daughter in law will inherit property (if any) left by parents of deceased parents.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

- As per law , during your life time & parents , your wife having no right to claim over the property of her in-laws , however after your demise she can claim 

- Hence, your parents should execute a WILL in favor of you or any other person as per her wish 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

1. Yes, your wife will inherit the said property if you die before your parents and if your parents die intestate.

 

2. Your objective can be attained if your parents execute a Will in favour of any individual or charitable organisation like Ramk Krishna Mission.

Krishna Kishore Ganguly
Advocate, Kolkata
26800 Answers
726 Consultations

5.0 on 5.0

Dear Client,

You can ask your parents to make a will which does not include her as a beneficiary. Make sure all the rules relating to the will are complied with. It should be signed in front of two witnesses who will be alive in case your wife lays any claim on the property. Do not forget to get the will registered.

 

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

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