Asim Das 09 December 2024

Hdindu succession

Sir

One Hindu widower person remarries. In such case if his ex wife's father dies instate shall he be a calimant to her ex wife's share in her paternal property along with his son (grand son of the deceased) from ex wife as per schedule of Hindu Succession Act ?

Please help me with the answer , if possible, with a bit of clarification.

Regards

Asim Das

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7 Replies

Pooja (Advocate) 09 December 2024

Did father of your ex wife made any will in favour of your ex wife?

Dr. J C Vashista (Advocate ) 10 December 2024

The son-in-law of deceased shall have no succession right in the property left behind.

T. Kalaiselvan, Advocate (Advocate) 10 December 2024

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.

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.

From the above position of law the widower may not be entitled to a share out of his wife's inherited property though his children born to his wife and him are entitled to succeed her inherited property