sachin singh 31 July 2016
adv.bharat @ PUNE (Lawyer) 31 July 2016
On ur wifes property first claim is her brother or sister. Without their consent you can;t get it.
You need to take release deed from them in to your favour if you want to transfer that property on your name
adv.bharat @ PUNE (Lawyer) 31 July 2016
On ur wifes property first claim is her brother or sister. Without their consent you can;t get it.
You need to take release deed from them in to your favour if you want to transfer that property on your name
Kumar Doab (FIN) 31 July 2016
You have been advised in detail at:
https://www.lawyersclubindia.com/experts/Petition-to-claim-my-wife-Properties-Legally-610136.asp
sachin singh 31 July 2016
Kumar Doab (FIN) 31 July 2016
Wife's (Married Hindu woman) brother/sister NOC is not required.
Kumar Doab (FIN) 31 July 2016
You were asked to reply in other thread;
https://www.lawyersclubindia.com/experts/Petition-to-claim-my-wife-Properties-Legally-610136.asp
Have you consulted a counsel so far?
Kumar Doab (FIN) 31 July 2016
Why to repeat query in multiple threads?
sachin singh 31 July 2016
Kumar Doab (FIN) 31 July 2016
You have not been replying to the points raised by experts in both threads.
Have you consulted a counsel so far?
If yes, what is the opinion of your counsel?
sachin singh 31 July 2016
P. Venu (Advocate) 01 August 2016
Provisions of Section 15 of Hindu succession Act apply in the instant case.
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 heirs of the father, and
(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.
In the present case, as you had no children, seb-section (2)(a) applies. As such, whatever the facts and circumstances related to your ex-wife, which she had inherited from her mother, you have no right. And, in my considered opinion, settles the issue raised.
sachin singh 01 August 2016