Muslim personal law
kalpana
(Querist) 28 June 2014
This query is : Resolved
our sister died recently she has no issues she had inherited some shares from her first husband.after the death of her first husband she remarried my query is whether the second husband is entitled to inherit anything from the property devovled on my sister through her first husband
kalpana
(Querist) 28 June 2014
please resolve the issue
Anirudh
(Expert) 28 June 2014
It is not the question from whom the person inherited the property. The question is whether the person had owned any property. If so, naturally, her husband will inherit a share. He will inherit 1/2 of the share.
Anirudh
(Expert) 28 June 2014
I am sorry, my earlier reply was completely off the mark.
As per Section 15(1) (a) of the Hindu Succession Act, the property of a female hindu dying intestate shall devolve upon the husband in this case.
The provisions of Section 15(2)(a) - has no application since your sister did not inherit the property from her father/mother.
Similarly, the provisions of Sec. 15(2)(b) also has no application as though she inherited the property from her first husband, he is no more her husband and she has a fresh husband. Therefore in terms of Section 15(1) (a) the current husband will inherit the property.
Anirudh
(Expert) 28 June 2014
Dear kalpana,
I am completely confused.
My first answer will hold good in case of muslim personal law.
My second answer will hold good in case of hindu law.
Nadeem Qureshi
(Expert) 28 June 2014
Yes it can be produced as per section 65 B of India evidence act
