Legal heir
Anthony
(Querist) 18 August 2012
This query is : Resolved
Dear Sir(s)/Madam(s)
Kindly clarify this..
Property is in the name of wife.Husband died prior to wife. Wife also died recently. They have no children. The wife has her widow mother and her brothers. From the husband side, he has brothers and brothers sons & daughters..
In this circumstances, who will be considered as legal heir for the property??
Is it possible for the widow mother to sell the property.??
Sir kindly give the provision of Law..
Pls guide me ..
M.Sheik Mohammed Ali
(Expert) 18 August 2012
the deceased wife could not written any will, than the wife relatives can claim shares, all are equal share.
Anthony
(Querist) 18 August 2012
Thank you much for ur replies.. Kindly give me relative provision of law..
Adv.R.P.Chugh
(Expert) 19 August 2012
You've not mentioned the religion of the lady.
If she was a Hindu then the origin of the property would be important, how she got the property in the first place, if it was through her mother father, then her relatives would get the property, however if she got the property through Husband or Father in law, then heirs of her husband (his brothers etc) would take the property.
15. General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Anthony
(Querist) 19 August 2012
Sir husband of the lady has contributed some fiance to her for purchase of the property.,.
prabhakar singh
(Expert) 19 August 2012
Is it possible for the widow mother to sell the property.??
The property, in case of a Hindu, would be inherited by By Her Husbands' mother as per clause (b) of section 15 and if she is found predeceased then upon Her father and mother
as laid down in s.15 clause(c) of HSA.
I believe it is a hundu case as on Mr.Chugs query you kept mum.
RAJU O.F.,
(Expert) 19 August 2012
How the property right was devolved to the wife?Is it self acquired or obtained as per partition of ancestral property?
prabhakar singh
(Expert) 19 August 2012
He has already stated "property is in name of wife "
It shall go to her widowed mother exclusively provided she is intestate Hindu.
