Right of husband in wife's property
Ravi Soundararajan
(Querist) 10 March 2013
This query is : Resolved
Can you clarify who is entitled to the share of the property held in name of the lady (acquired from her own funds as she was employed) who died leaving her husband and her mother but no children.
In other words, does the surviving mother and her husband are entitled to 50% share each or entire share goes to surving husband.
prabhakar singh
(Expert) 10 March 2013
According to s.16(1)(a) 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.
and
according to s.16 The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate property among those heirs shall take place according to the following rules, namely :-
Rule 1 .- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2.- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate’ death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate’s death.
Rule 3.—The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub-section (2) to section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father’s or the mother’s or the husband’s as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.
THEN IN ULTIMATE ANALYSIS THE ENTIRE PROPERTY HAS DEVOLVED UPON HUSBAND ALONE.HER MOTHER HAS NO RIGHT OF INHERITANCE IN YOUR CASE.
Raj Kumar Makkad
(Expert) 10 March 2013
Husband and the mother of deceased are equally entitled to inherit the property left by deceased in the given case.
