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sachin singh   31 July 2016

partition

Hello sir Actually after 4years of my marriage my wife death due to dengue fever in hospital....She had property on her name ...that property come by her mother ....Her mother made her nominee in her property...Her mother also got expire 7year back...now I want to know am I legal to claim that property ? If yes then how ? Please guide me the first step what shoul I take...


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 12 Replies

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

There is no brother but two sister and one step brother...then why they need death certificate of my wife... is this possible without my wife death certificate they can claim that property... Can I have rights to see copy of that documents and papers...if yea then how?

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

I repeat what should I do to see the copy of my wife property papers....??? Shal I file partition for this...

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

My wife is hindu and mee too hindu...I need proper advice to take first step ....

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

So I dont have any rights to go ahead to claim that property?...Actuly my wife was nominated person in that property by her late mother...So is it true that I dont have rights to claim?

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