Daughter in law has no share in property but can claim right to stay in her matrimonial home and seek injunction restraining her husband from selling his share in the property
How to prevent a daughter in law from laying claim to a paternal property inherited by her husband?
Hi, My friend's mother needs to write a will to divide her properties among her 3 children (2 sons and 1 daughter) after her passing but is looking for some legal advice as there are some issues in their family. The properties were of her husband's who is now deceased and are now in her name. Her sons are married but the daughter is unmarried and is an NRI. Her younger daughter in law (Wife of the younger son) is very aggressive and tortures her own husband and abuses the whole family. The mother does not want her younger daughter in law to lay claim to any of the properties after her death in case she decides to sell them and walk away with the money while deserting her son homeless. Can this daughter in law lay claim to any property where the mother puts her younger son's name if she explicitly states in her will that the daughter in law has no rights to the property? Or can she add her NRI daughter's name to the property so the daughter in law cannot try and lay claim or sell the property (since it would be in husband's name)? The NRI daughter is not planning to live in that property but just wants her younger brother have a place to live with his family after the mother's death (he is not financially well off. Look forward to some responses. AJ
Asked 1 year ago in Property Law
Religion: Hindu
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9 Answers
Basically the property belonged to your friend's father hence calling his wife as an absolute owner of the entire property is illegal and invalid.
Your friend's mother is entitled to one fourth share in that property, hence she can bequeath only her share to anyone of her choice by a testamentary disposition, i.e., a Will.
Now, your friend is entitled to one fourth share in his father's property along with other legal heirs.
The law is tht your friend's wife cannot claim any share out of your brother's share in the property as a right at least not during his lifetime.
Hence she cannot create any problem or dispute in this regard and even if she creates one, it will not be maintainable
As per law, daughter in law does not have any right in her in-laws properties. So wife of younger son does not have any right in the properties of your mother. Your mother can execute WILL bequeathing her properties and can put conditions against her daughter in law depriving her from every benefit derived or resulted from bequeathed property. Only why depriving only your mother has to mention the name of daughter in law in her WILL only for reference purpose.
According to the law, a daughter-in-law does not inherently possess any legal rights to her in-laws' properties. Therefore, the spouse of a younger son does not automatically inherit any claim to your mother's assets. Your mother has the legal authority to create a will, specifying the distribution of her properties and setting conditions that exclude her daughter-in-law from benefiting from the bequeathed assets. The mention of the daughter-in-law's name in the will can be purely for reference purposes, as it is not legally necessary for your mother to include her in the document.
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Writing a Will: Your friend's mother can write a will to specify how she wants her properties to be distributed after her passing. In the will, she can allocate specific properties to each of her children, including her NRI daughter. She can also make provisions to disinherit anyone she does not wish to include as a beneficiary, including the younger daughter-in-law.
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Property Ownership: Adding her younger son's name to a property may help ensure that he has a place to live after her passing. However, it's essential to consider the legal implications of property ownership, including potential disputes and claims from other family members. Your friend's mother should consult a local civil lawyer to understand the best way to structure property ownership to meet her goals after showing him the documents of the property.
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Expressing Intent: In the will, your friend's mother can explicitly state her intentions regarding the properties and the individuals who should inherit them. Clear and unambiguous language can help prevent disputes and provide legal support for her wishes.
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NRI Daughter: If the NRI daughter's name is added to a property, it is essential to consider the legal and tax implications, both in the home country and in India. Property laws can vary between jurisdictions, so professional advice is crucial.Note: it is highly advisable for your friend's mother to seek local counsel. A qualified attorney can help her draft a legally sound will, address potential challenges, and ensure that her wishes are legally enforceable.
DIL has no claim and share in the property. She cannot displace or sell the property.
She can only claim her husband share in the said property. You can contest the same on merits by refusing the same in form of alimony
1. The moment the husband acquires the title of the property or a portion thereof, his wife becomes entitled to stay thereat.
2. She will be entitled to inherit the said property from her husband along with her children after his demise intestate.
3. So long her husband is alive she can not legally claim share of his property but can claim earning from it in case she files for maintenance.
4. It will be prudent on your part to register a conditional gift deed for his share of the property in favour of your NRI daughter keeping your living right intact. You can also register similar conditional gift deed in favour of your other son to avoid the harassing process of taking probate of your will.
In the Will, the mother can bequeath her estate to anyone of her choice, legally speaking. Only the beneficiaries stated in the Will shall inherit their specific share after her lifetime, and no one else shall have any claim in the testamentary succession. In your friend's case, the mother can very well include her sons and daughters. After her lifetime, only they shall inherit their respective undivided or specific shares, as the case may be, and the daughters-in-law cannot claim anything. The NRI daughter may gift her share later in favour of her brother.
