So far as his claim that the property does not belong to her since she remarried, it is total nonsense. The plot of land is given to her by her in laws now she has built a three storied structure on it. The structure and land cannot be separate and having allowed to build a house her in laws have given her consent of title to your sister. When he says she does not have any right on the property how can he have any right because he is claiming through her. She can make an application to Tribunal established under Maintenance of Parents and Senior Citizens Act and through her son out to house there is such provision under the said Act.
Inheritance rights to property
My sister now 66 years lost her husband at a very young age after 5 years of her marriage. After her husband’s death, She worked hard and built her own home with her own money and with the help of her parents and brought up her only son from her deceased husband. After few years of her being a widow, she legally married one of her family friend with the clear understanding that she will not have any kids from him. After few years of their marriage, they mutually divorced as he wanted to have kids. My sister inherited a vacant piece of land from her deceased husband’s parental estate. She sold her own house and with the money from the sale proceeds and borrowing from relatives, she built a new 3 storey home on this inherited vacant piece of land. After this house was built, her only son got married more than 15 years back and still living in this house with his wife and their two sons on the first floor for the last more than 15 years. My sister who built the house on the inherited land has also been living with her son, his wife and two grandkids on the same floor ever since. All rental income from this property was also given by my sister to his son’s family. Both son and daughter-in-law have been abusing my sister and she requested her son to let her live peacefully separately on the top floor of the house but the son refused and told my sister that since she had married again in the past, the property does NOT legally belong to her and my sister has been thrown out of the house that she built with her own money. In view of the details provided above, Could you Please advise what is the legal right of my sister and her son. Thanks DK
Asked 4 years ago in Property Law
Religion: Hindu
6 Answers
Hello,
- Your sister and her son would have had equal rights in the inherited property, had she been not remarried after the death of her former husband as remarriage dis-entitles her from the estate of the deceased husband.
- However, as she had built the house from her own funds, she has a claim on the house and the proceeds of the rental income. She has the right to stay in one floor of the house or alternately get one half of the rental proceeds.
- Apart from this as a senior citizen, she can file cases against the son and the daughter in law for having thrown her out of the house and seek protection and compensation.
- She also has the right to be maintained by the son as she is a dependent and can file for maintenance including residence against the son.
1.Remarriage of a Hindu widow does not bar her from inheriting her deceased husband's property.
2. Your sister and her son are entitled to equal share in the inherited land.
3. When your sister inherited land from her deceased husband's parental estate, what was her marital status?. Was she a widow or had remarried?.
4. If your sister can produce enough proof that it was indeed her hard earned money and had sold her self acquired property and the proceeds were used in constructing a multistoried building on the inherited land from her deceased husband's parental estate, then it will be in her favour.
Your sister has inherited land from her deceased husband
2) her son has equal share in land
3) her son can claim share in house built by her
4) however she cannot be evicted from the house
5) she can file complaint against her son and daughter in law before senior citizen tribunal and seek orders to direct son and daughter in law not to disturb her possession of house
6) seek permanent injunction in this regard
7) she can seek orders to direct them to vacate portion of house in their possession
The landed property acquired by her as her share out of her deceased husband's share i that property shall become her own and absolute property.
She married another person only after inheriting the property.
However it may be noted tht she inherited the property on behalf of her minor son also hence he has half share in the vacant site or the property she inherited.
Since she developed the property into multi stori building out of her own funds, she is entitled to the constructed portion or compensation in lieu if sked to vacate.
She can fight it out through court of law by filing a suit for declaration as well as possession.
Discuss with an advocate and take proper legal action as per law.
1. If she had inherited the said land before her second marriage, then the said land and the building constructed thereupon by her stands in her name.
2. She can file an eviction suit against her son.
