Rights of Wife on Husband's Assets
Sunny
(Querist) 09 January 2010
This query is : Resolved
Hello,
I would like to know, according to Indian Law, if the wife has full rights to claim the first share on the assets of a Husband, who has died without stating a will.
Also let me know if the percentage share is specified in case of other legal heirs, like mother.
Thanks,
Sunny
A V Vishal
(Expert) 09 January 2010
When a male Hindu dies without writing a will, the succession to his property is not automatic and all the direct descendents-his widow, his sons, daughters, mother and other specified heirs-have to apply for succession under Class I of the Schedule of the Hindu Succession Act, 1956. In the absence of a will, the wife takes her share as any other descendant and not as a widow. It's important to note that a case of non-chastity against a Hindu widow is no ground under the Act for disqualification to succession of her husband's estate.
This rule is not applicable to a widow of the son or the grandson of the deceased. Unlike the widow of the deceased who has a right over the property, they are not entitled to the property if they remarry before the succession case opens before a court of law.
adv. rajeev ( rajoo )
(Expert) 10 January 2010
if the male hindu dies intestate then all legal heirs of the deceased will be entittle for the equal share of his properties. Second wife has no share in the properties of the deceased hindu.
Sukhija
(Expert) 13 January 2010
I do agree
