widow mother’s share

Question asked on: 02/09/2015

What is the widow mother’s share in property? I am a widow who has recently lost my only son due to cardiac arrest. My daughter in law is not ready to share the compensation provided by my sons company (Approx. 45 lacs). I have no source of income. Both my daughters are married. I had sold some of the property bought by my late husband to purchase a flat in which my son & I was residing.

The flat is registered in my & my sons name & it was bought before his marriage. My son did not have any children. My son’s wife is an engineer & is drawing a very good salary. Also she will be remarrying. There is a Home Loan of 30 lacs which needs to be repaid. She is also claiming a share in the flat too. Please advice what will be my share in my son’s settlement dues & also in the flat.

Advised by: Shivendra Pratap Singh,

Compensation given by the company on the death of your son shall be treated as his individual property, Muruappa vs commissioner of income tax, this property shall never be merged into joint family property. She got that property after the death of her husband, if that property is in her possession at the time of remarriage then she has right to claim that property.

According to section 2 of Hindu widow’s remarriage act 1856, she is the absolute owner of the property which is devolved in her by Hindu succession act and her remarriage can’t disqualify her to enjoy absolute right over that property. In Punitawalli vs Ramlingam AIR 1970 SC, it is held by the Supreme court that widow has full right in the property devolved into her by the Hindu succession act and she is entitled to enjoy same right after her remarriage.

If flat is purchased out of the fund of joint family property then it is treated as part and parcel of joint family property. Widow has right to maintenance and inheritance in this property, widow has no right to partition it because she is not coparcenor. When there is no male member in the joint Hindu family then eldest widow get all property by the rule of survivorship.

All widows have are treated as one unit. In your case there is two widows and 2 daughters, each daughter is a unit and two widows are one unit. So there is 2 units. Property will be divided in 3 parts. Each daughter get 1/3 and each widow get 1/6 share. If widow get remarriage then her right in the joint family property ceases to exist. She becomes disqualify from the date of remarriage. If your daughter in law gets property she also bears liability, she has no right to election in respect of inheritance.

You should get relinquishment deeds from your daughter and after the remarriage of your daughter in law you will be the sole owner of the joint family property, henceforth you should make that property reverse mortgage with bank and get monthly instalment of mortgage money. Your loan will be set off in the reverse mortgage and you’ll get a fix amount per month in lifetime.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Transfer of trust property

My grandfather was created a trust for the construction and running of a school. He had appointed my father as trustee. My grandfather was died in year 1974. My father is died in year 2015. This trust is created by a Will, according to it I am the trustee of this...

My sisters want to partition in the ancestral property

My father received some ancestral property from my grandfather.  The property is purely ancestral because my grandfather got it from his father. My father died in 1997 by leaving four sons and three daughters. I am the elder son of my father. I am an engineer and...

Property Right of son in dayabhaga

Sir, my father, solemnised two marriage. Besides, I am only (son) and two sisters from 1st marriage, my mother died while I was eight years old, then my father got 2nd marriage, and have one son and one daughter. My father was having total 150 decimal of land which he...

Construction of house

You are the legal heir of your mother; hence, you have the right to mutate the property in your name. However, your name is entered in the revenue record as a legal heir of the deceased. So there will be no dispute towards heirship. After the construction of the house you will be the owner and no one will interfere in your right.

Limitation period for setting aside sale of ancestral property

What is the limitation period for setting aside the sale of the ancestral property? My father sold ancestral property against the will of my family. I was minor at the time of sale. Can I file any suit for cancellation of that sale deed?If a son, desires to set aside...

Separate property cannot treated as ancestral property

I purchased some property from my own income. My family members are treating that property in the bunch of joint family property. I want to sell my property. Whether self-acquired property can be treated as joint family property. It is well settled that a Hindu can...

Selling of bungalow situated in cantonment area

My great grand father constructed a bungalow over 6 acre of land. This land was granted to him by the then commander-in-chief of Indian army. This land comes under cantonment area of Lucknow, This bungalow was erected in year 1892 and right now market value of this...

Right to property under article 300 A

Whether the right to property is a fundamental right under the constitution of India, I am afraid that the government will not pay the fair price of my land. The government has acquired my land without payment of compensation. What is the remedy against such arbitrary...

Land record shows my land as inalienable

The land revenue record shows the land as inalienable when the tenure holder or owner of the land has no right to transfer the land. Generally, government land or patta land is made inalienable because actual right vested in the government. The tenure holder has the right to cultivate the land and enjoy the usufruct.

Wife’s right in joint family property

Does wife have any right in joint family property? I am a helpless lady. My husband refused me without any reason. My marital home situated at Vardaman. What is the law regarding the right of a woman in marital property? “Hindu law does not grant any right to wife in...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now