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Senthil Kumar L (Advocate)     02 May 2011

HINDU FEMAL PROPERTY

The deceased person is a Hindu Female whose husband predeceased her.  She has no issues.  However the deceased husband had children thorugh second marriage. 

  1. Will the children of the husband thorugh second marriage will be the legal heirs of the deceased first wife ? 

  2. If so under what provisions of law ? 

  3. Any decisions on the subject ?



Learning

 2 Replies

Arup (UNEMPLOYED)     02 May 2011

whether the widow was divorcee?

if so her brothers and sisters are her legal heir.

even she is not divorcee then also her brothers and sisters are her legal heir, according to the verdict of sc rulling.

if she has no legal heir from her father's side, then children of second marriage will come into picture.

1 Like

Senthil Kumar L (Advocate)     03 May 2011

Thank you for your reply.

 

In this case the deceased Hindu female was having a Savings Bank Account and Fixed Deposit with One Nationalized Bank.

 

The entire money was earned by her is only the Rents and Advances accrued from the Property rented to the tenants.  The property originally owned by her husband.

 

Interestingly the property belonged to Husband of the Deceased Hindu Female is intended to transfer by the Second Wife and her children by the way of Legal Heirship Certificate issued by the Tahsildar.  But the Bank asking the Succession Certificate instead of accepting the Legal Heirship Certificate as the documentary evidence.

 

We don’t have any concluded case law to advise her. If you have kindly advise us to help her.

 

 

Thanking You,

 


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