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Satish (farmer)     10 November 2021

Inheritance rights of a childless hindu female widow

A few months ago my brother sadly passed away by leaving her childless wife behind. The family of my late brother's wife trying to acquire my brother's self-acquired property and also running after my parent's self-acquired property. My father died 2 years ago with no will made, but he made a settlement to my mother, and also we all children gave consent that we have no rights on my parent's property, unfortunately, both were unregistered. My questions are

1. I understand that my mother is also a class-1 heir along with my brother's widow with an equal share, is it right?

2. What percentage does my brothers widow (no children) entitled to have on my late father's property? As a childless widow is she entitled to claim equal share as other class-1 heirs?

 

Please provide your expert opinions, much appreciated.

 



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     10 November 2021

Your brother's wife inherits all the rights of her husband on the self-acquired property of her husband and his inherited property.  Your mother is entitled to equal share of her son's properties with other co-sharers if your brother died intestate.

Satish (farmer)     10 November 2021

Thank you Prasad Sir. 

I am not sure about the validity of the bellow article. As per it, the widow is entitled to have her husband share only if her husband dies before the father-in-law. In our case, my brother dies after my father. 

https://www.legalkart.com/legal-blog/widow's-rights-in-a-father-in-law's-property

I also understand that a childless widow cannot claim the entire share of her late husband, but half of it. For example, if the late husband is entitled 1/4th, then his widow has rights on 1/8th. Is it true?

 

P. Venu (Advocate)     10 November 2021

Ye, your assumption is correct. The late father's property was jointly vested with the mother and the siblings, including the deceased brother. On the death of the brother his share of property is jointly vested with the mother and the wife of the deceased.

Dr J C Vashista (Advocate)     11 November 2021

Mother and widow have equal share in the self-acquired property of deceased (son/husband).

The widow shall have share of her pre-deceased husband in the intestate property left behind by her father-in-law.

Article quoted is not opening.

Instead of making mess of queries it should be subject-wise.


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