After demise of husband the status of the husband property
Querist :
Anonymous
(Querist) 19 June 2024
This query is : Resolved
SIR. I one querry as regards the property status as regards the deceased husband property. the husband purchased the property in the year 1999 by his own income and by registered sale deed. No involvement of joint income in the contents in the sale deed. after demise of husband the father and mother,sister were disposes to widow. by contention that deceased husband no income and property is joint family property. Whether the father of deceased husband entitle any right in the property? And what is the remedy available to widow to recover the property from father in law?
pls guide me sir
Isaac Gabriel
(Expert) 19 June 2024
Decesed's father is one among the legal heir and entitled for his share along with siblings and wife.
T. Kalaiselvan, Advocate
(Expert) 19 June 2024
Presuming you belong to Hindu religion, the legal heirs of your deceased husband are his wife, children and mother alone.
The father will not fall under the category pf class I legal heirs hence during the presence of class I legal heirs, he cannot claim any share in his deceased son's property.
You file a suit for partition and claim your rightful share in your deceased husband's proeprty provided your mother i law is alive, if not then the entire property will devolve on you and your children alone.
Your deceased husband's siblings also do not have any share in the proeprty as a right.
You consult a local lawyer and proceed as suggested
kavksatyanarayana
(Expert) 19 June 2024
Yes. If the deceased was a Hindu, his wife, children and his mother if alive will have equal rights over the property of the deceased person.
Querist :
Anonymous
(Querist) 20 June 2024
Thank you sir for your valueable advice.
Querist :
Anonymous
(Querist) 20 June 2024
Any case laws in this regard.
Advocate Bhartesh goyal
(Expert) 20 June 2024
As per sec 8 of Hindu Succession Act, class1 legal heirs of hindu deceased Male are his wife,children and mother only and all have equal rights and share in deceased property can and claim their rightful share share by filing partition suit.
Sri Vijayan.A
(Expert) 20 June 2024
I endorse the view of Adv Kalaiselvan.
There is no need for case law. The Act itself is clear.
Approach a good local lawyer and proceed further
Querist :
Anonymous
(Querist) 20 June 2024
Thanks for valuable advice
