Legal Question in Real Estate Law in India

Hellow sir,

I am a widow and a mother of two son, my elder son has recently passaway two months back due to some disease. Now my daughter in law is starting quarrel with me regarding property. I have already give them front portion (extended) of my house two bed room set for living, otherwise the property is in my name and there was no monetary contribution from either of the son. There was some contribution in extended portion but not on the original portion. Now my daughter inlaw threatening me to take the matter in court and she�s also claiming the part of my property and I was also the nominee of my son LIC policy, she�s also claiming the same from me.

In past also she has abuse me a lot of time, but now as my son is no more now she�s started to threaten me.

I request you to kindly let me know my legal rights here on the following points:

Does my daughter in law can claim my property ?

Can she claim LIC policy, where she�s not a nominee?

should I be eligible to claim some portion of my son property or investment, where daughter in law could be the nominee?

Does I need to pay or take care of my daughter in law for her maintenance in future?

Sir, kindly reply me back ASAP as it will help me to prepare mentally if there will be any legal action from daughter in law sides in future..


Asked on 7/24/13, 8:07 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

25.07.2013

Dear Madam,

1. No, even if your elder son has paid monies for the construction of the front extended portion of the house, you have parted with the right of living in that extended two bedroom portion of the house to your daughter-in-law, which is sufficient for her living and subsistence. Instead of dragging the matter to Court, if the extended portion is an independent flat type with a toilet, bedroom and bath too, transfer the electricity bill and local Municipal tax bill for that portion in the name of your elder daughter-in-law and tell her to pay both the bills hereon.

2. Yes, as far as your deceased son's LIC policy is concerned, only the wife (your elder daughter in law) and their siblings (if any) are entitled to get the benefits. As the nominee, you should quickly complete the process and instruct LIC to transfer the benefits on the LIC policy to your daughter-in-law.

3. No, you are not eligible to claim any portion of your son's property / investments where your daughter-in-law is the sole nominee.

4. No, as advised above, not being liable for maintenance of your daughter-in-law, you should encourage your daughter-in-law to be financially independent by taking up a job or starting her own business.

Regards,

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Answered on 7/25/13, 12:19 am


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