Lord Nemesis said:
I don't understand what you mean my "Depends on her claim" ? I am not talking about money or property here. They lived independently (separately) from the guy's parents. The question is now after her the person has passed away, is there any legal means for the person's parents to force their daughter in law to live with them against her will as against living independently or with her own parents. As I understand it, even parents don't have any such legal rights on their children after they become majors.
1) You cannot force anyone to live with any other person against the former person's wish! That is tantamount to slavery/involuntary servitude!
This is only possible in respect of the person of a minor and that too when the court is satisfied either on it's own motion or otherwise that such a relationship is essential for the benefit of the minor.
2) As for the claims that others are talking about. The wife will essentially be eligible to claim the property lawfully owned by her husband if the husband died intestate i.e. without making a will. In case the husband has made a will, his property will devolve on the legal successors as may have been appointed by the husband.
Again, just because the property of the husband passes to the wife, the in laws cannot make the wife to maintain them or force her to live with them. However, under exceptional circumstances, the court may apportion some part of the property of the deceased person for the benefit of the parents.
Exceptional circumstances would mean:
That the property so devolving on the wife is ancestral property that originated in the generation previous to that of the deceased husband.
That the property has been obtained by will by the wife and the will was forged or the consent was obtained by coercion/fraud etc.
That the parents of the deceased person and unable to maintain themselves i.e. have o source of income AND that the deceased person was their only child.
And any other conditions as the court may deem fit...
Lord Nemesis said:
Guy's I need a quick clarification reg a point.
I think its totally absurd, but is it possible for someone to legally take custody of their daughter in law (who is a major) after their sons death and keep her in their house against her will?
And in any case, how can one take custody of a major? A custody is only given in case of a minor or a lunatic or a person of unsound mind.
So, technically, it is possible to take custody of the daughter in law and keep her in the house if it can be proved that she is of unsound mind. But again, her parents would be the first party who would be eligible to take her custody.
So, if she is of unsound mind and both her parents are dead or if they too are of unsound mind or sick/infirm, then the inlaws can take her custody.