Legal Question in Real Estate Law in India
How to determine the legal heirs of my husband who died intestate and is a HINDU. He is survived by his mother,father,wife and one son. The property is self acquired by my husband. The parents are not living with us.
The parents of my husband did not give any share to my husband in the ancestral property that belonged to them and was sold by them previously. It fully went to my husband's sister in the form of a fixed deposit.
Now they want a share my husband's self acquired property.
Please guide me. My son is a minor and I need to look after his education and future. How can I save my son's interests and the property from the evil eyes of my in-laws. They are refusing to keep contact with us and do not care for us at all and have never even once enquired about us whether we are living or dead after the demise of my husband.......
Even the funeral expenses had to be taken care of my father only.
My husband had religiously paid for their medical expenses to the tune of 15 lakhs by taking loans. Now that he is no more the creditors are troubling me. My in-laws are not supporting me and are after the property only. They do not care for their one and only grandson.
My husband has been supporting them since he has started earning. Since all the monthly payments were made to them by cheques, I can prove that he has been giving lots of money to them since the past 11 years. I really need to take care of my son. Please help me. I am in very deep crisis in my life............
How should this case be handled....
Any help and guidance is appreciated.
2 Answers from Attorneys
You and your minor son have right in your husbands property and not his parents. It does not matter if your husband had been paying any expense to your inlaws or not. Funeral expense paid by your father has no relevance. Succession is governed by Succession law. Per that, you and your son have right in the property.
However, in the ancestral property your husband had right and your parents in laws could not have given the entire share to your husband's sister. The claim of right in that is governed by statue of limitations in respect of time. You have not given the dates which would be relevant if you want to claim any thing in that. You may speak to a lawyer on facts basis.
The self acquired property of a male hindu died without a Will would devolve according to Hindu Succession Act, subject to liabilities of the deceased.
The Class I heirs are entitled to equal shares in such property remaining after discharging all the liabilities.
The Class I heirs in this case would be his Widow, Son and Mother.
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