Widow of a pre deseased son will get the share in the father -in-lwas property or not
KOTESWARA RAO
(Querist) 17 January 2012
This query is : Resolved
My client'husband was died , then we are filed the case for suit for partition and possession(Actually my client's husband, husband's father, and father's brothers and father's father are jointly Registered partioned in this my client's husband and father in law got one share) in the my client's husband was died in road accident, (we filed the accident op also).
we filed the suit for partition from her father in law, and possession also. from the equal sharein as per Registered Partitioned deed, . Now my client's father - in -law was died. So my client will get the share in the father-in-law property as per Widow of the Pre deseasesed son, or not give me the sugession , and case law also
thanking you sir
KOTESWARA RAO,
ADVOCATE,
RAJAHMUNDRY
Nadeem Qureshi
(Expert) 17 January 2012
Dear Mr. Rao your client has 100% right in her father-in-law's property as per the Hindu seccession Act,1956 with amended act 2005.
according to section 10 of the act
10. Distribution of property among heirs in class I of the Schedule. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.- The intestate' s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.- The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.- The heirs in the branch of each pre- deceased son or each pre- deceased daughter of the intestate shall take between them one share. Rule 4.- The distribution of the share referred to in Rule 3--
(i) among the heirs in the branch of the pre- decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions; and the branch of his pre- deceased sons gets the same portion;
(ii) among the heirs in the branch of the pre- deceased daughter shall be so made that the surviving sons and daughters get equal portions.
feel free to call
V R SHROFF
(Expert) 18 January 2012
Nadeem replied you with relevant act.
Your client is entitled to full 100% of Property.
Road accident gifted her so much,
Suggest her donate 50% for road accident victims in need to save their life.
Devajyoti Barman
(Expert) 18 January 2012
Yes she has the share as per the share of her husband.
Do proceed with the partition suit.
Shashikant V. Patil
(Expert) 18 January 2012
Yes I am agree with experts and she is entitle her share of her late husband shall be decide in a partition suit as per HSA 1956 and amendment therein of 2005.
Deepak Nair
(Expert) 18 January 2012
Your client is the legal heir of her husband and is definitely entitled for the share of her husband. You are righly guided by Mr.Nadeem
Dr Anil Kumar Singh
(Expert) 19 January 2012
I agree with the experts. Your client is fully entitled for her share.
