The widowed daughter-in-law of a pre-deceased son is therefore entitled to claim a right of maintenance against her father-in-self-acquired law’s land
, whether in his hand or in the hand of his heir or donor.
What are the responsibilities of daughter in law?
A daughter in law is not allowed to ask for reasons behind a decision.
She is expected to mind her own business which is taking care of the house, cooking, children, and household chores
. You cannot ask questions, make suggestions, and if you do and something goes wrong you will be blindly held responsible.
Can a widow get maintenance from in-laws?
Section 19 of the Hindu Adoption and Maintenance Act, 1956 contemplates that
the wife has every right to claim the maintenance after the death of the husband from the estate inherited by her father-in-law
, ie. the present petitioner.
Can a widow claim maintenance from in-laws?
NAGPUR: Even after husband’s death,
a wife is entitled for maintenance from in-laws holding properties in their son’s name
, ruled the Nagpur bench of Bombay high court.
Can parents claim maintenance from daughter in law?
No, a mother-in-law is not entitled to take maintenance from daughter in law unless and until her son is not alive
. There is supreme court case Smt.
Can daughter in law claim father in law property?
Thus if a father dies intestate, a daughter has an equal right in his property along with her brother, but
the daughter in law has no right in the property of her father- in law till the time her husband is alive
.
Can widows daughter in law claim mother in law?
If the daughter-in-law is a widow
Courts have also ruled that
a widowed daughter-in-law has no right to live in her parents-in-laws property against their wishes if the property is a self-acquired property
.
Can a daughter in law entitled for claiming maintenance from her father-in-law if the husband is of unsound mind?
Under the existing provisions, a woman does not have the right to claim alimony from her father-in-law or other in-laws if her husband fails to maintain her due to various reasons, including his physical or mental incapacitation, disappearance or renunciation of the world as a religious choice.
When can a widow daughter in law claim maintenance from her father-in-law?
Under this Act, section 19 talks about- Maintenance of Widowed Daughter-In-Law. What Does Section 19 Say? “(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained
after the death of her husband
by her father-in-law.
Can widow daughter in law claim maintenance from father-in-law under DV Act?
no! prima facie father in law is not liable to pay daughter in law or her kids maintenance under domestice violence act
. however under succession act they can claim their husband and fathers share in the property.
Who can maintain widow daughter in law?
Maintenance of widowed daughter-in-law. Section 19 of the Hindu adoption and Maintenance Act, provides that a widowed daughter-in-law is entitled to be maintained by
her father–in –law
.
Can a widow entitle to get maintenance from her deceased husband?
If there be no lineal descendants through males, the widow or widows inherit the whole of the property of the deceaswd, provided he was separated from the rest of his family, but
if he was living jointly with his agnate relatives, they inherit his property, and his widow is entitled to maintenance only
” (2).
Can wife claim maintenance after death of husband?
After Husband’s Death,
Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law
: Bombay HC [Read Judgment] The Bombay High Court has observed that after husband’s death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.
Who can be ordered to maintain parents?
According to Section 125(1)(d), If any person neglects or refuses to maintain his wife, children or parents, then
a Magistrate of the First Class
can order such person to make a monthly allowance for the maintenance of his wife, children or parents, at such monthly rate as such Magistrate thinks fit, and to pay the …
Can a father claim maintenance from his illegitimate child?
Criminal Procedure Code, 1973, Section 125 –
Magistrate may order a person to make monthly allowance for maintenance in a case where any person who despite having sufficient means neglects or refuses to maintain
– (i) his legitimate or illegitimate minor child who is unable to maintain itself; or (ii) legitimate or …
What is the punishment for not taking care of parents?
Abandonment: Under Section 24, if anybody who has responsibility for the care or protection of a senior citizen leaves him/her in any place, with the intention of wholly abandoning him/her, such person shall be punishable under the Act with
imprisonment of either three months or fine upto Rs. 5,000 or both
.
Can a wife claim husband’s parents property?
According to Hindu Undivided Family laws, the ancestral property belongs to the coparceners only. As per the law, the wife is not counted among the coparceners. However,
if the wife inherits property from the husband legally, she can claim the husband’s ancestral property
.
Can a widow inherit father in laws property?
Hence,
the widow is entitled to inherit 1/6 of the self-acquired property of the father-in-law
. Indian inheritance law gives more rights to a daughter than a daughter-in-law in father-in-law’s property. The widow would be entitled to her deceased husband’s share in an intestate succession.
Can my wife claim my fathers property?
No she can not claim share in the property
, but she can claim the maintenance. She can go for enhancement of maintainence depending upon the circumstances, particularly the nature of the property and the income from it.
Who has right on father’s property?
According to Section 8 of the Hindu Succession Act 1956, read with the Schedule referred therein,
daughters being Class I legal heirs, have the same rights as sons to the properties of their father, if the father dies intestate (without a will)
.
Does granddaughter have rights in Grandfather property?
A grandchild does not have any birth right in the self- acquired property of his grandfather if it has been allotted to his father in a family partition in his capacity as legal heir and not as a coparcener under the Hindu Succession Act 1956. The grandfather can transfer the property to whoever he desires.
Can a widow’s daughter get a pension?
New Delhi:
Widowed or divorced daughter can avail family pension
. However, there are certain grounds for availing the central government pension. Department of Pension & Pensioners’ Welfare has listed the norms.
Can a widow entitled to get maintenance from her deceased husband under Hindu law?
As to maintenance,
the widow on re-marriage loses all rights and interests she may have in her deceased husband’s property by way of maintenance
.
Who has right to maintenance from joint family property?
So long as the family remains joint,
all its members
have a right of maintenance against the joint family property. The persons who claim maintenance out of the joint family funds may be classified under the following three heads: Coparceners qualified as well as unqualified.
Under what circumstances can a Hindu wife obtain maintenance from her husband?
the Hindu wife is also entitled to take get maintenance even if she lives separately from her husband under following grounds:
When the husband is liable for desertion. When the husband is liable for cruelty. When the husband is suffering from leprosy
.
