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Bhaskar Kartha (Student)     21 May 2013

Personal law

Dear sirs


My cousin isa Hindu-Nair Widow in kerala. Her Husband has some landed properties which he inherited after the sharing done in 1993 by all the siblings of her husband's father demise. I would like to know whether she will have absolute right over these properties or would have to share with other surviving siblings of her deceased husband. Her husband's father and mother are already no more.



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 May 2013

If partition of the property is already done then your cousin will be the sole owner of her husband's property provided that there are no children. If there are children then, she will have to share it with the children. The siblings of the husband have no right over her husband's property.


(Guest)

@Querist,

 

The first replier,in my view,has missed the gist of the query in substance,therefore I disagree with the same.

 

Now,coming to your query,a daughter-in-laws cannot be said to inherit the property from her husband's father directly.Consider a situation where,

 

W=wife(daughter-in-laws)in question

H=Husband of W

F=father of H

M=mother of H

S(s)=Sibling(s) of the husband H

 

P=property

Pp1.......Ppn where n=number of siblings and small p denotes equal proportion of the property P.

 

Now,in your caase,F and M are no more.Thus H and S(if exists) share the property P into pn equal parts. If pr(where r is the position where H stands) is the property in the name of husband H. Now in pr part of Property P,the same will be divided equally amongs children and wife of H(only after demise of H ,otherwise only maintenance amount/maintenance means as the case may be).

 

With a mathematical ability,I hope you will be able to understand.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Adv Archana Deshmukh (Practicing Advocate)     21 May 2013

____________________________________________________________________________________________________________________

Originally posted by :newS_Know!!!

Querist,

 

The first replier,in my view,has missed the gist of the query in substance,therefore I disagree with the same.

 

Now,coming to your query,a daughter-in-laws cannot be said to inherit the property from her husband's father directly.Consider a situation where,

 

W=wife(daughter-in-laws)in question

H=Husband of W

F=father of H

M=mother of H

S(s)=Sibling(s) of the husband H

 

P=property

Pp1.......Ppn where n=number of siblings and small p denotes equal proportion of the property P.

 

Now,in your caase,F and M are no more.Thus H and S(if exists) share the property P into pn equal parts. If pr(where r is the position where H stands) is the property in the name of husband H. Now in pr part of Property P,the same will be divided equally amongs children and wife of H(only after demise of H ,otherwise only maintenance amount/maintenance means as the case may be).

 

With a mathematical ability,I hope you will be able to understand.

 

Note-This reply should be taken as per the declaration given in my profile page.

_____________________________________________________________________________________________________________________

 

@news_know!!!.

 

If you  read the query PROPERLY and CAREFULLY then, the cousin of the querist is a hindu nair widow. And a WIDOW is a woman who’s husband is dead, I hope you understand now.

Ranee....... (NA)     22 May 2013

agree with archanaji.

(Guest)

@Querist,


Querist version in part-

 

Her Husband has some landed properties which he inherited after the sharing done in 1993 by all the siblings of her husband's father demise.

 

Explantation-

 

Here point is to be noted is sharing done among by the siblings of husband's father and not among husband siblings.Now let us suppose

 

F=Father of H

X and Y are siblings of F

H=Husband of F and Son of F

R and S are siblings of H

 

Now partition took place after F demise,among X,Y,and F's antecedents.The querist mentioned these things.

Further,What about R,S, and other antecedents of H after H demise?The querist wanted to ask this thing.

 

Read carefully and if yet not got the point re-read until you get it.Did you have the correct reply in your posted replies in this thread!???

 


 

@Ranee,

 

Agreeing on a right point is a sign of wisdom and disagreeing on a right point is a sign of foolishness.This foolishness comes with argumantative behavior without giving due thought.

 


 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Adv Archana Deshmukh (Practicing Advocate)     22 May 2013

Agreed about what the querist wanted to ask.. :)  but you missed my first reply where I have clearly mentioned that If partition of the property is already done then your cousin will be the sole owner of her husband's property.   I did not say that she is the sole owner of her father-in-law's property. That only presupposes only IF there was any partition between her husband and his siblings.  Husband's property=Property coming to the share of husband.

I hope I do not need to clarify myself anymore.

Bhaskar Kartha (Student)     27 May 2013

thanks every body. the explanantion is that her father in law's property was shared among the siblings after the demise of the said father in law. so I think archanaji has given me the correct advice

 

Thanks once again

 

Bhasker Kartha


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