Legal heir for properties
saravanan
(Querist) 24 May 2013
This query is : Resolved
One of my relative and their whole family is dead due to an accident. The person has bought land and properties in his wife's name. Now since their daughter is also expired who will be the legal heir for the properties? Does the wife's father has legal rights over the properties or it will go to the husband's mother? The husband's mother is not in contact with the family for the past 15 years due to an property dispute and also they didn't spend money to save the family in hospital. Is there anyway the persons wife's father can claim the property?
Raj Kumar Makkad
(Expert) 24 May 2013
Section 15 of the Hindu Succession Act, 1956 reads as follows :-
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 heirs of the father, and
(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.
Raj Kumar Makkad
(Expert) 24 May 2013
In view of legal position summarized above, as the condition a is not fulfilled, b shall apply.
