Successor of land property of issuless widow
SANJIB KUMAR SAMANTA
(Querist) 08 June 2011
This query is : Resolved
Dear Sir ,
Mrs. Dalimbala ,a issueless widow died on 03.04.2011 who pocessed agricultural land from her husband( Mr.Swapan ) who died on 1969 . Mr. Swapan's had one brother ( Name : Kherta Mohan) & three sisters . Mr. Khetra Mohan has three sons & three daughter ( one died on 28.10.2010). Now who is the successor of the land property of Mrs. dalimbala ?
adv. rajeev ( rajoo )
(Expert) 08 June 2011
sec 18,15(2)(b) of Hindu Succession act: Succession to widow's property: Where wa widow died leaving behind property inherited by her from her husband, the properties would go to the heirs of her husband.
PALNITKAR V.V.
(Expert) 08 June 2011
Brothers and sisters of the husband are the successors in absence of Class I heirs of husband of Dalimbala. See following provisions.
Section 8 of the Hindu Succession Act, 1956 reads as follows:-
8. General rules of succession in the case of males – The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter-
(a) firstly, upon the heirs, being the relatives specified in class 1 of the Schedule.
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule.
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased, and
(d) lastly, if there is no agnate, then upon the cognate of the deceased.
THE SCHEDULE to the Act sets out the different classes for the purpose of Section 8.
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.
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
CLASS II
I. Father
II (1) Son's daughter's son, (2) son's daughter's daughter,(3) brother, (4) sister.
III (1) Daughter's son's son (2) daughter's son's daughter, (3) daughter's daughter's son (4) daughter's daughter's daughter.
IV. (1) Brother's son (2) sister's son, (3) brother's daughter, (4) sister's daughter.
V. Father's father; father's mother.
VI. Father's widow; brother's widow.
VII. Father's brother; fathers' sister.
VIII. Mother's father; mother's mother.
IX. Mother's brother, mother's sister.
Explanation:- In this Schedule, reference to a brother or sister do not include reference to a brother or sister by uterine blood.
R.Ramachandran
(Expert) 08 June 2011
As rightly pointed out by experts, if the mother-in-law of Dalimbala is alive, then the property will go to the mother-in-law (being the Class-I heir of Dalimbala's husband).
If the mother-in-law is not alive, then it will first go to Dalimbala's father-in-law if he is alive.
If her father-in-law is not alive, then it will go to her brother-in-law(s) and sister-in-law(s).
If the brother-in-law and sister-in-law are not alive, then it will go to her brother-in-law's and sister-in-law's son(s) and daughter(s).
Only if they are not there, then the other Class-II heirs of Dalimbala's husband will be considered.
prabhakar singh
(Expert) 09 June 2011
QUESTION IS???Mrs. Dalimbala ,a issueless widow died on 03.04.2011 who pocessed agricultural land from her husband( Mr.Swapan ) who died on 1969 . Mr. Swapan's had one brother ( Name : Kherta Mohan) & three sisters . Mr. Khetra Mohan has three sons & three daughter ( one died on 28.10.2010). Now who is the successor of the land property of Mrs. dalim bala ?
i prefer to recite THE question again"
Mrs. Dalimbala ,a issueless widow died on 03.04.2011 who pocessed agricultural land from her husband( Mr.Swapan ) who died on 1969 . "
NOW I EMPHATICALLY SAY the Q is ABOUT "agricultural land "BUT IN WHICH STATE is not stated???????SO HOW EXPERTS BRETHREN RESOLVED IT?????????in absence of state??????????still unknown??????????
AN INCOMPLETE QUESTION???????????????
NO ANSWER ABOUT THE PROBLEM.
it can be answered only with help of state law where the agricultural land situate,as Hindu law does not apply unless it agrees with land law of thats' state AGRICULTURAL LAW???????????????????
I do claim me correct as i am claiming correct on issue of HIBBA in U.P.
SANJIB KUMAR SAMANTA
(Querist) 10 June 2011
Attention : Sir Prabhakar Singh
The agricultural land is situated at West Bengal. I think a conclusive answer will help me further .
