Regarding house property
Guest
(Querist) 23 November 2009
This query is : Resolved
Hi,
I am resident of andhra pradesh. My wife's mother expired 2 months back.
My aunty has one house at AP. The stamp papers says:
1) XX D/o AA( father of my aunty)
2) YY D/o BB(my uncle).
We are doubt whether this is Joint property or not. Apart from that, my uncle argueing that he will get half from the house.
Can you please clarify?
Many Thanks
A V Vishal
(Expert) 23 November 2009
Section 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 .
As far as the matter is concerned your wife is a joint owner, hence she has 50% share in the property and further she can claim her share in the remaining 50% share held in the deceased name along with her father and any other heirs as described above.
Guest
(Querist) 23 November 2009
Thank you so much for quick response.
I am clear that my wife will get 75% share.
But as per (c) in Section 16, Thirdly, upon the mother and father;
If my aunties parents wants the share, does this need to share under 75%(wife's) or 25%(uncles's)?
And also one point that the marriage of my aunty is not legal.
Please advise.
PJANARDHANA REDDY
(Expert) 23 November 2009
THE SECOND WIFE NEVER BE LEGAL IN HINDU CODE, BUT RECENT THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005 PAWED THE WAY TO SHARE SHELTER AND PROPERTY IN LEGAL BATTLE.
Guest
(Querist) 23 November 2009
Sir,
My uncle is with my aunty (there is no proof for this marriage).i.e., dont have ration card, voter id, marriage certificate. The only proof that mentioned in my wifes study certificates as father.
After my wife born, he married another legally. She had one son and daughter.
My aunties parents are alive.
Please suggest us, how this property can be distributed?
Many Thanks
Chandra
adv. rajeev ( rajoo )
(Expert) 23 November 2009
2nd wife is not entitle for the share in the property, she is entitle for the maintenance.
Her son and daughter can claim share in the self acquired property of the father they cannot claim in the ancestral property of the father.
As per the stamp paper it is joint property. Only legal heirs of your aunt can claim the share in her property i.e., your wife, baby supriya and his father can claim.
Guest
(Querist) 23 November 2009
Thank you so much.
A V Vishal
(Expert) 23 November 2009
Chandra
Your mother in laws parents will share out from the remaining 50% of the share
A V Vishal
(Expert) 23 November 2009
What do u mean that your aunty marriage is not legal
A V Vishal
(Expert) 23 November 2009
The question here that arises is who is the legally wed wife, absence of evidence is not the criteria, if the aunt's marriage is not legal, then your uncle cannot claim share since he cannot be called a husband.
Raj Kumar Makkad
(Expert) 23 November 2009
No legal rights of Hindu inheritance goes to a lady who is residing withe a male Hindu without getting married with him. so in the given case, your uncle has got no right in the property.
Guest
(Querist) 23 November 2009
Thanks a lot for the information.
So how can we go forward to overcome this issue?
Do we need to take legal heir for the property? or can directly apply for the name transfer for full property?
Is there any chance for him to oppose for the legal heir?
Please advise.
Many Thanks
Chandra
A V Vishal
(Expert) 23 November 2009
Consult a local advocate.
Guest
(Querist) 24 November 2009
Many Thanks
Guest
(Querist) 17 December 2009
Hellow Sir,
Problem raised by him, he landed his family in the house.
Please advise best way:
1) Can we sold out the property?
2) Send legal notice?
Kindly advise.
Thanks
Chandra
