Query is about successor of married women who dies intestate
Querist :
Anonymous
(Querist) 09 December 2024
This query is : Resolved
Hello,
Myself and my wife was married 4.5 years ago. In 2024, september she has been hospitalized for severe lung infection(viral pneumonia) and on october she passed away in hospital. Its natural death. She got an apartment in her name and some gold ornaments. Both was gifted by her parents during marriage time(not inherited from parents). Apartment was funded by them and jewels as gifts. Now after her death, her parents asking all of them stated that i have no rights on the assets. My mindset is that i dont want all of them but i want that home alone as i have spent some amount in interiors and have lot of memories there. So i said that i will pay half amount of property to them and transfer that property to my name. They are not agreeing for that and also threatening me with some random relatives.
So my question is do i really have rights over that property or not? Please advice me on this.
kavksatyanarayana
(Expert) 09 December 2024
You also have a right over her property. So consult a local advocate and file a case for your share in your wife's property.
Querist :
Anonymous
(Querist) 09 December 2024
Thanks for the response sir. Does that mean her parents will also hold a share on her belongings as per succession law? Note : we don’t have children
kavksatyanarayana
(Expert) 10 December 2024
Yes. Her parents also have a share in her property.
Querist :
Anonymous
(Querist) 10 December 2024
Thanks for the clarification. I got confused by section 15 of Hindu succession act where it states husband inherit her entire property. So her fund for the property plays role it seems
SIVARAMAPRASAD KAPPAGANTU
(Expert) 10 December 2024
It seems your wife passed away at an young age unexpectedly and so there was no Will. Therefore, you are one of the Class 1 legal heirs along with mother of your deceased wife. Both of you shall have claim on her Estate. Of course, one of the assets is an Apartment which cannot be partitioned between/among legal heirs, like an independent house and you gave a reasonable offer to pay 50% to your in-laws foregoing your claim on gifts. Your offer is reasonable enough. Try for amicable settlement involving family elders as moving courts, is not only frustrating in view of prolonged litigation but shall prove to be quite expensive, for both the parties involved.
Querist :
Anonymous
(Querist) 10 December 2024
Thanks for the detailed response sir. Yes currently apartment is in my possession.
A. A. JOSE
(Expert) 10 December 2024
I am also of the view that it is wise for one to reach out an amicable resolution of the issues rather than enduring mental torture for long. Inspite of having your partial right over her properties, you will not find it that easy to get immediate long term final solution from the Courts.
T. Kalaiselvan, Advocate
(Expert) 10 December 2024
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; (b)secondly, upon the heirs of the husband; (c)thirdly, upon the mother and father.
Since the properties were gifted by her father/parents, it cannot be considered as inherited property hence it can be considered as her own and absolute property and ion that case you and your children, if any shall be entitled to succeed to the assets both movable and immovable of your deceased wife as per law.
Let them approach court, they cannot succeed in their case.
Querist :
Anonymous
(Querist) 10 December 2024
Thank you experts for your valuable advices.
P. Venu
(Expert) 11 December 2024
What about children? Children also are the legal heirs to the deceased mother.
Querist :
Anonymous
(Querist) 11 December 2024
We don't have children Sir.
T. Kalaiselvan, Advocate
(Expert) 12 December 2024
As her class I legal heir, you are entitled to succeed to all her assets both movable and immovable and the gifted property becomes her self acquired and absolute property and not inherited property, hence you can refuse to give them to her parents if you are in possession.
Any case that they may propose to file against you for recovery of their daughter's assets from you will be untenable in law.
P. Venu
(Expert) 12 December 2024
In the given facts, provisions of Section 15 of HSA apply -
"15. General rules of succession in the case of female Hindus.―(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 pre-deceased 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 pre-deceased son or daughter) not upon the other heirs referred 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
pre-deceased 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 husband."
The properties in the instant case may not fall within the scope of "inherited properties" as provided under Sub-section (2) in the strict sense of the words of the said provision. However, the Courts, esp. a Constitutional Court. may take a different view taking into consideration the intent of the Legislature. Hence it in the interest of Justice that an amicable settlement is arrived at honouring the sentiments of the deceased wife's parents/family.
Querist :
Anonymous
(Querist) 13 December 2024
Amicable settlement - Does that mean 50%:50% share to both me and her parents?
T. Kalaiselvan, Advocate
(Expert) 13 December 2024
There's no obligation on you to go for any amicable settlement between you and her parents.
The law is very clear that they cannot claim any share out of her movable as well as immovable properties.
If you want to give them any share then it is your own decision about it as well as the quantum of share.
They cannot be successful even if they may approach court seeking any share as a right.
Querist :
Anonymous
(Querist) 20 December 2024
Sorry to reopen this thread again. I got a confusion regarding legal heir certificate. In legal heir certificate, myself and her parents are listed out. So, everyone is saying every asset will be of 3 shares. Is it so?
I am deeply confused. Please help on this
P. Venu
(Expert) 20 December 2024
Who has issued the Legal Heir Certificate?
Querist :
Anonymous
(Querist) 20 December 2024
Tashildhar of revenue department
T. Kalaiselvan, Advocate
(Expert) 20 December 2024
It is an incorrect certificate, by the way who applied for the said legal heirship certificate?
If you have mentioned all the names then the illiterate Tahsildar who without knowing the law has issued an incorrect and non maintainable legal heirship certificate.
If you want to listen to what some ill knowledged person's words nothing prevents you from getting misguided.
Querist :
Anonymous
(Querist) 21 December 2024
Agree on you sir. Everyone is misguiding me. So only, i am relying on this platform and get advice from experts. Can you please let me know what can be my next step if her parents are not ok with amicable settlement? Can i apply for succession certificate in court? Thanks for your advices till now.
P. Venu
(Expert) 21 December 2024
She got an apartment in her name and some gold ornaments. Both was gifted by her parents during marriage time(not inherited from parents). Apartment was funded by them and jewels as gifts. Now after her death, her parents asking all of them stated that i have no rights on the assets."
Is there a gift deed registered and executed? If not how is that the property, though funded by her parents, is in her name?
Querist :
Anonymous
(Querist) 21 December 2024
Sale deed bought directly from builder. For that, funds were given by her parents. Property is in her name.
T. Kalaiselvan, Advocate
(Expert) 22 December 2024
The law is clear that only the property inherited from her parents shall devolve on them upon her intestate death if she is not survived by her children, since this is a gifted assets, it becomes her own property hence as her class I and lone surviving legal heir the property left behind by her shall devolve only on you alone.
You refuse to give them back anything including her jewels, they cannot succeed even if they file a suit for recovery.
Querist :
Anonymous
(Querist) 24 December 2024
Thank you for all your responses and advices experts.
P. Venu
(Expert) 24 December 2024
"Sale deed bought directly from builder. For that, funds were given by her parents. Property is in her name."
Admittedly, there is no gift deed. The parents have paid the consideration. Law does not prohibit parents investing in the name of the children. As such, the title to the property vests with the parents.
