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krishna gautami   17 January 2023

Claim for share in property

If the woman is deceased leaving behind her daughter, son and husband. Can the husband and children claim for the share in the deceased women property from her biological parents being the class 1 hier?


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 6 Replies

Real Soul.... (LEGAL)     18 January 2023

Yes whatever the owned property/or any other property in the name of wifeh her husband is prime heir  to that upon her death if there is no will excluding him from inheriting her property. The children has  right to mothers property same ways. The share of deceased wife  will devolve upon her husband and children alike.

But if the property of wife from her home was not devolved on her during her lifetime the husband cannot claim (that)  her share from the proeprty after her death.

Advocate Mohammed Khaleel Ahme   18 January 2023

Dear client,

yes they can file partition suit to get their share.

Please visit www.indianlegaladvisors.com

krishna gautami   18 January 2023

thanks for the clarification. also, I would like to add that if in the will the name is of deceased women is not included can the husband and childrens challenge the will ?

Advocate Mohammed Khaleel Ahme   18 January 2023

Yes they can challenge the will.

Shashi Dhara   18 January 2023

If her biological parents are alive and self acquired  property  they canoot claim any share if it is ancestral if she has filed for partition in court they can continue as lrs but now she is predeceased they cannot claim any share .

sahithi reddy   21 January 2023

If there is no will preventing him from receiving her property, her spouse will be the primary heir to any owned property or other property in her name. Children have the same rights to their moms' property. Both her husband and children will receive a part of the estate of the deceased woman. However, if the wife's half of the home's property was not transferred to her during her lifetime, the husband cannot claim that portion of the property after her passing.


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