Legal heir
BISWAJIT ROY
(Querist) 15 May 2012
This query is : Resolved
Husband died leaving WIFE and SON. WIFE remarried (Registered), SON is using the surname of present husband of his mother. what will be the share in the immovable property as per the Hindu law of the property of deceased husband and father respectively?
And also what share in the immovable property of the mother (i.e. mother on law and grand mother)of deceased husband and father respectively?
ajay sethi
(Expert) 15 May 2012
i presume husband has died intestae ,. he is survived by wife and son . both will inherit his property equally .
SAINATH DEVALLA
(Expert) 16 May 2012
No after second marraige, the wife is not entitled to get share in first husband property. But even S.14 of Hindu Succession Act,1956 and repeal of Hindu widow remarriage Act, 1856 in 1983,have to be differed because she should have got her share before remarriage.In my view only the son and the deceased person's mother are eligible legal heirs.
Shonee Kapoor
(Expert) 18 May 2012
The succession opens on the date of death and hence remarriage is no bar for her to get the property.
Both wife and son would get the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
