widows rights
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
sir my sister is got widowed in aug 2010 his father in law is having ancestral property in Haldawani Uttarakhand my sis has no issue is my sis can claim her rights on property & home her husband was the only son rest 3 are sisters 1of them is not married can u pl help me
A V Vishal
(Expert) 05 February 2011
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) 05 February 2011
A widow of a deceased is entitled to a share in the joint family properties to an extent of which her husband was entitled to and as such a widow has a right to seek partition
Kirti Kar Tripathi
(Expert) 05 February 2011
if the property is ancestral, she can claim her husband's share but if is self acquired property of her father in law, she can not claim unless father died without will.
Sushil Kumar Bhatia
(Expert) 05 February 2011
widow of Hindu male shall inherit the rights in property simultaneously with,son,daughter & other heir under section 4 of Hindu Succession Act as specified in Shedule (I) of the act,she takes her share absolutely .,but on her remarriage right will be forfeited as per Hindu widow's re marriage Act 1856
