Property of an Hindu female dying inestate
Querist :
Anonymous
(Querist) 17 July 2011
This query is : Resolved
Woman X got a property from her father-in-law. She became a widow very early and passed away without having any children. Her Husband is the only child of his parents. She also haven't done any will of the property she inherited. Now, I am a tenant in her property for the last 36 years. 4 years ago I had a agreement with her of buying my portion in this term that I pay some amount of money at the time of agreement and the rest within next 10 years. Meanwhile she died. So the agreement could not be converted into a deed. My question is:
1) who could be the legal heir of her whole property in this case.
2) what am I going to do to claim my portion in this property.
3) what other advantage I could gain considering the fact I am the only person living in this property for such a long time.
Regards,
R.Ramachandran
(Expert) 17 July 2011
In the fact situation revealed by you, the property left behind by her will go to heirs of her husband.
To find out the heirs of her husband one has to referto Section 8 of the Hindu Succession Act, 1956 and the Schedule of heirs given therein.
Accordingly, her husband's mother is the Class-I heir. If she is alive, then the entire property will go to the deceased lady's mother-in-law.
In the absence of the mother-in-law, then Class-II heirs will step in. Under the Class-II heirs, the following will come, in the order in which it has been mentioned below:
I. Father
II. Father's father; Father's mother
III. Father's brother; father's sister
IV. Mother's father; Mother's mother
V. Mother's brother; mother's sister.
Guest
(Expert) 17 July 2011
I agree the same.
G. ARAVINTHAN
(Expert) 17 July 2011
Class II heirs will inherit the property
R.Ramachandran
(Expert) 17 July 2011
Dear Mr. Aravinthan,
The question is whose Class-II heirs will inherit the property. That is not coming out clearly from your answer.
Querist :
Anonymous
(Querist) 17 July 2011
now, what I found out according to Hindu succession act 1956,section 15, subsection 2b, it is said that (which I quote, as I am far far away from studing law):
"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."
In this case I want to know is there is any chance of woman X's sister's sons to inherit the property?
I should clarify that Woman X's parents as well as her mother-in-law had died.
Also, which persons comes under the term 'Husband's heirs' as her husband is the only child of his parent?
Regards.
R.Ramachandran
(Expert) 17 July 2011
Since the property had come by way of inheritance from her husband's side, the property will go back only to her husband's heirs as indicated in my reply.
There is absolutely no chance whatsoever for the lady's sister's son(s) to inherit the property.
