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AJAY KUMAR (OFFICER)     06 June 2020

Death of wife

If someone's wife dies, then who has the right over their property


Learning

 6 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 June 2020

First, her children and next to her husband are the legal heirs.

Dr J C Vashista (Advocate)     07 June 2020

How did the wife (since deceased) acquire rights, claim, interest or title over the land to be succeeded ? 

Whether she has executed any will to bequeath the property left behind for succession ?

Which personal law (Hindu, Muslim, Chrisitan etc.) was professed by the deceased ?

1 Like

V.S.R.Deekshitulu (Advocate)     07 June 2020

Vashista

YOu are absolutely correct.  The person putting the question must give clarity.

In this case the religion of the woman is not there nor the details aas to how she got the property. Are we here to give answers on assumptions and presumptions. Mr Ajay Kumar who put the question must understand there are many religions in India, having different of succession rules.  So I request the members to have clarity about the question, otherwise it is diffult to answer then

KISHAN DUTT KALASKAR (Advocate)     07 June 2020

Section 15 in The Hindu Succession Act, 1956

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.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

P. Venu (Advocate)     07 June 2020

You have not posted the material facts.

Dr J C Vashista (Advocate)     08 June 2020

@ Mr. Kishan Dutt ji,

Are you sure or just presumed that the deceased was a Hindu female and provision of Section 15 of the Hindu Succession Act, 1956 shall apply in this academic topic for debate ?

I respectfully differ with the response / explaination given by you .

Thanks & Regards 


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