Can Widow Claim Maintenance From Her In Laws?

by | Last updated on January 24, 2024

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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 rights of mother in law?

1. A mother has only

remedial rights against her son and daughter-in-law along with her grandchildren

, meaning thereby if any of her own rights has been violated then she can seek redressal before a court of law.

What are the rights of a daughter in law?

When there is a division of property in a Joint Hindu Family, the daughters enjoy equal right along with sons, the daughter in law has

no right in the property of her in-laws

. She acquires rights to the in-laws’ property only through her husband.

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 wife claim husband’s property after his death?

Under Hindu Law:

the wife has a right to inherit the property of her husband only after his death if he dies intestate

. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.

Who is legal heir of widow?

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 mother in law claim maintenance from widow daughter in law?

A widowed daughter in law can only claim maintenance from her father in law when she is unable to maintain herself out of the property of her husband, father, mother, daughter, or son. The maintenance of widowed daughter in law is also given under Section 21 of the Hindu Adoption and Maintenance Act, 1956.

Can mother in law 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 widow daughter in law claim deceased father in law property?

This property can be either ancestral or self-acquired. The right acquired by her is as a widow of the deceased husband. So

the Hindu Succession Act 1956 does not give any rights to widowed daughter in law with respect to father in law’s property

.

Can widow daughter in law claim ancestral property?

Position of daughter- in- law: Limited Rights


A daughter in law has no right in the ancestral or self-acquired property of her in-laws

. After the death of her husband, i.e. as a widow, she has the right in her husband’s property left behind by him. This property can be either ancestral or self-acquired.

What rights do fathers have?

Based on this a married fathers rights over a child include

the rights to make decisions concerning the legal matters, as well as educational, health and welfare and religious matters

. A father’s rights over a child will also require him to provide food, clothes and shelter for his child.

Can daughter in law can claim father in law property?

1) An ancestral property is a property acquired by your great grandfather is called ancestral property. 2)

Daughter in law does not have any legal rights over the Properties owned by father in law or in inherited properties of father in law

.

Can parents claim maintenance from married daughter?

The High Court affirmed the order of the learned Magistrate and held that

the application of a father for maintenance who is unable to maintain himself is maintain- able against his married daughter having sufficient means

.

How do you deal with a disrespectful daughter in law?

  1. Reflect on How You Treat Her. …
  2. Invite Her to Spend Some Quality Time With You. …
  3. Avoid Criticizing Her. …
  4. Ask Her What Her Concerns Are About You. …
  5. Don’t Compare Her to Your Other Daughters or Daughters-in-Law. …
  6. Learn to Recognize Her Manipulative Tactics.

Should daughter in law take care of in laws?


A daughter in law is not entitled to take care of her in-laws in whatever circumstances, if the husband himself doesn’t do anything for his parents

. You expect women to take beautiful care of your parents but you yourself will not take care of them.

Can husband ask for maintenance from wife?

Under Section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. Section 25 allows permanent alimony and Maintenance to the husband.

When a husband dies what is the wife entitled to?

If your spouse dies,

you usually become the sole owner of any money or property that you both owned jointly

. This is true for both married and common-law couples.

Can educated wife claim maintenance?


No an well educated wife is not entitled to maintenance

. The courts are of the view that the wife cannot act force the husband to milk out cash in favour of the wife. Like for example, the recent judgment of Delhi High Court of Mamta Jaiswal.

Can a widow claim mother in law property?

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 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

.

Who can maintain the 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 maintenance be claimed from in laws?

Maintenance under Hindu Laws

The court will consider the financial position of the husband and reason for which the wife is separated from her husband, before awarding maintenance to her. However,

a wife who claims maintenance under personal laws cannot claim maintenance under criminal procedural laws

.

What are the rights of a woman after marriage?


A wife has the legal right to stay in the matrimonial home under any circumstances i.e even after her spouse dies

. If there’s a case of divorce, the woman may choose to live in her matrimonial home until there is a proper place for her to move in. she can legally stay in that home if she wants to.

Maria LaPaige
Author
Maria LaPaige
Maria is a parenting expert and mother of three. She has written several books on parenting and child development, and has been featured in various parenting magazines. Maria's practical approach to family life has helped many parents navigate the ups and downs of raising children.