immovable property
Querist :
Anonymous
(Querist) 21 July 2011
This query is : Resolved
Woman has acquired the property by an insured sum which she got on her husband’s death, the house was titled in her own name, though she bought property by insured sum there was no proof that she bought it with insured sum .when her husband was died she was pregnant. She was given birth to a boy, after, she remarried and has 2 sons, and her second husband also died. Now the issue rises that to whom’s sons the property goes.
Or she has the right to transfer any one of her sons
Please experts solve this complex city
M/s. Y-not legal services
(Expert) 22 July 2011
As a legal heir to the first husband, The mother and the first husband's son are entitled to have half of the share from the property.. Same time the mother can make any arrangement about her share, or after the mother's demise tired son's will get 1/3 equal share from her half of the share.
R.Ramachandran
(Expert) 22 July 2011
Mr. Tom is absolutely correct. 50% share to the son of the first husband cannot be denied by any means.
Querist :
Anonymous
(Querist) 22 July 2011
really its amazing provisions, Thanking you all the experts
R.Ramachandran
(Expert) 22 July 2011
Dear Anonymous,
Please let us know which particular provision of the law that you found amazing?
Querist :
Anonymous
(Querist) 22 July 2011
Ramachandra sir, i am appreciating the overall justice that lies in the provision in respect of my last posted query
the provision provides that half of the the property goes to the mother and she has the freedom to depart it to whom she wishes during her life
if she didn't so after her death that fifty percent will go to the all of his son including the son of first husband who already got his share as a legal heir. thanking you sir, if there any mistake in my understanding please clarify
R.Ramachandran
(Expert) 22 July 2011
Dear Anonymous,
Your understanding is perfectly correct.
The legal provision is based on the fact that the deceased person left behind as his legal heirs only his widow and a child in the womb. Since he had not left any will, both the legal heirs viz., his widow and the son would inherit the property equally and that is why each would get 50%.
Now the widow is having the 50% share in the property as her absolute property.
Now after remarriage, if she dies without leaving any will, then her property would go to her legal heirs equally. In this case, she has three persons (one son from her first marriage, and two sons from her second marriage) as her legal heirs. Therefore her property will go 1/3 each to all the three sons.
Querist :
Anonymous
(Querist) 23 July 2011
Woman has acquired the property by an insured sum which she got on her husband’s death, the house was titled in her own name, though she bought property by insured sum there was no proof that she bought it with insured sum .when her husband was died she was pregnant. She was given birth to a boy, after, she remarried and has 2 sons, and her second husband also died. Now the issue rises that to whom’s sons the property goes.
Or she has the right to transfer any one of her sons
Please experts solve this complex city.
experts are resolved this query without considering the point that there was no proof that the property was bought with insured sum, and moreover mother claiming that she bought concerned property with her own money which she earned from her traditional business and also she says that that the insured amount was spent on medical expenses of the son of her first husband.
Arun Kumar Bhagat
(Expert) 06 August 2011
If this is the stand taken by the mother then the property shall devolve upon the all sons having 1/3 rd share.
