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Ramesh Kumar (consultant)     06 August 2021

Widow's rights in deceased husband's ancestral property

Hi Legal Experts,

 

I would like to know what rights does a widow have on the ancestral property of her deceased husband. The widow has not remarried.  Does the widow get equal share of deceased husband's ancestral property as her children, or does she get nothing ?  

 

Thanks in advance...

 



Learning

 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     06 August 2021

Hello,

After the death of the husband, his widow and children will get the husband's share in the ancestral property. Further husband's share will be divided equally between children and wife. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 August 2021

good suggession by Mr.Shirish pawar. I too agree with this suggession.

Ramesh Kumar (consultant)     06 August 2021

Thank you for the answer. Can the widowed wife sell her portion of the property which she got from deceased husband's ancestral property ?

1 Like

Shubham Bhardwaj (Advocate)     06 August 2021

Dear Mr Ramesh, 

Firstly, the property of the deceased person is divided equally in all Class I legal heirs as per Hindu Succession Act, 1956 i.e. widow and children as rightly advised by learned advocate Sh Pawar. 

Secondly, in respect of immoveable property, once the revenue records show individual shares in Jamabandi, all heirs are entitled to sell their part of the share. However from a practical point of view it is better if all the heirs sell the immoveable property in question for s simple reason that a larger piece of land will fetch more money than a small piece of land.

Thus my advise would be if it is a moveable property, heirs may do as they please. In case of an immoveable property, try and take a collective decision for maximum profit. 

Regards

Shubham Bhardwaj  (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

Disclaimer:- Opinion is only for guidance. 


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