Share
Mother’s fight on disowned son’s property
Question
I live in a self acquired flat (under loan and am paying emi) of my husbands with my kid. My husband is deceased with no will.. There are properties bought my FIL in her name(MIL).. She claims that they were self acquired and will write it her other children names & me and my daughter has no night at all.. My husband alone spent money on renovating and maintaining the properties and we took over all the burden. Now she claims a share also from the flat we are living and not letting us live a peaceful life and using abusive word though she is rich enough to lead her life..is she has a right on my husbands property even if she disowns my deceased husband from her said self acquired property?
Answers ( 2 )
Unfortunately yes the mother has a right as she is also a class 1 legal heir since there is no Will etc qua the self acquired properties.
As per succession Act and Hindu Marriage Act in case of deceased son his mother, wife and children are class-1 legal heir so in such case mother of your deceased husband i.e. your mother in law is entitled to equal share along with other legal heir of deceased. It is also correct that being daughter in law and also grand children are legally not to any share in the property off your in laws self acquired property but thus issue can be frustrated if circumstance so support. Facts are required to be examined in detail to suggest way to deal with the issue. The work of renovation or maintenance of property does not confer nor create any proprietary right in your husband’s favour or in your favour. If required consult with detail.