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raj kumar ji (LAW STUDENT )     01 April 2011

what is the right of the husband !!!!!!!!!

RESPECTED SIR ,

                              A GIRL WHEN SHE WAS UNMARRIED HIS FATHER PURCHASE A PROPERTY JOINTLY WITH HIS DAUGHTER AND HIS SON NAME .NOW THE DAUGHER WAS MARRIED .BEFORE THE MARRIAGE HER FATHER WAS EXPIRED .NOW THE SON ALSO MARRIED.NOW THE DAUGHTER IS NO MORE THEN WHAT IS THE RIGHT OF HIS HUSBAND ON HER PROPERTY ?



Learning

 3 Replies

pratik (self working)     01 April 2011

No the Husband has no right .

But let us see what the jurist 's have to say .

Vinu Priya (Manager)     01 April 2011

I think if the girl has any children, then the children have right on that property.

Tajobsindia (Senior Partner )     01 April 2011

@ Author,

1.
The husband of a deceased daughter has no rights over father-in-laws property.


2.
As per Law of the land if the property of the father-in-law was his self acquired property then this property shall devolve to all his "legal heir" if he died intestate.

 


3. If he doesn’t make a Will of shares, then, upon his death, his property will be divided amongst his Class 1 heirs only.


 

For clarity as to who are his Class 1 heirs the below short explanations are self sufficient;


SONS – all children of a pre-deceased son

DAUGHTERS - all children of a pre-deceased daughter

WIDOW – widowed daughter in law

MOTHER - all children of a pre-deceased grandson


4. Here the father (husband of deceased daughter) is alive that is son–in-law is alive not a son of deceased father but son-in-law which makes this query more interesting!


So in this case the grandson i.e. all son / daughter of your deceased wife who is daughter of a deceased father-in-law is/are legal heir even if his "Father i.e. son-in-law" is alive is my opinion as he i.e. son-in-law having no rights but deceased daughters son / daughter are considered children under Class 1 heirs.


However, I like to stand corrected in this opinion if any. 


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