widow mother’s share

by | Sep 2, 2015

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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: Mr. Shivendra Pratap Singh, Advocate

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.

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Shivendra Pratap Singh

Advocate, Lucknow

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