Hindu succession act
munna
(Querist) 21 August 2012
This query is : Resolved
my wife died 6 months after our marriage by hanging herself.their father logged a complaint on us under dowry death.we were sent to remand too under sec 304b and 498a.the case is under trial in seccessions court.
on the other hand my father-in-law purchased a property on my wife's name before our marriage,when she was a minor.in the sale deed my father-in-law is the gurdian.
i hve filed a case in the civil court on that property and got injunction order.
is the above said property is inheritance property or gifted or perfect sale deed property of my wife.
regarding 304 b case on us...i along with my parents and brother r accused in the case.the facts r that before the day my wife died...she lost her pregnency and in depression she comitted sucide.at the time of the incident i was attending an interview.my neighbour's gave me a call and asked me to come directly to the hospital.
when i went to the hospital she was dead.
all the facts r known by my father-in-law.
and he wants the case to b compomised.but demanding 6 lakhs and the above said property.
but we r not ready for compromise as it is the matter of our families respect.let the court decide it.
my question is what will b the situation of the property in the civil court.their witnesses were also cancelled.
will the case b in favour of me or in the favour of my father-in-law
ajay sethi
(Expert) 21 August 2012
your wife was the owner of her property . on her death her parents and you are the legal heirs .
dont pay rs 6 lakhs . fight the 304 B case
was she under medication for depression ?
the testimony of your neigh bours would be crucial in this case . any emails sent by her to her friends / relatives would also be crucial in this case .
ajay sethi
(Expert) 21 August 2012
General rules of succession in the case of female Hindus.
15. (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 predeceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(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 predeceased 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 predeceased son or daughter) not upon the other heir's referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
Order of succession and manner of distribution among heirs of a female Hindu.
16. The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate's property among those heirs shall take place according to the following rules, namely:Â
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 included in the same entry shall take simultaneously.
Devajyoti Barman
(Expert) 21 August 2012
If you are convicted in the criminal case, you would be debarred to inherit the said property.
Raj Kumar Makkad
(Expert) 21 August 2012
You should confine your attension towards the criminal case these days because if you are convicted in that case, you shall have to lose your civil suit for inheritance of your wife.
