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Lakshminarayan (Self)     03 March 2014

Property share to whom?

Hello Ppl,

Late. Daughter D has no children but has living Husband. D got property after partition from her father's (Ancestral) intestate property. Now who is the owner of this property. Entirely to the husband of D or D's siblings or both?

Best Regards,

Laxminarayan.



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     04 March 2014

This property in the hands of the woman will be treated as her absolute property.Since she died intestate,the same will devolve upon her class I legal heir, in this case her husband who is the only surviving class I legal heir will be entitled to all her properties, nobody else can claim any share out of it.

Lakshminarayan (Self)     04 March 2014

Thank you sir for your quick reply. However, I learned that intestate property rights of Female differs as mentioned in Section 15 of Hindu Succession Act. Property from Father go to Heirs of her father & Property from her husband will go to Heirs of Husband. Sir can you thro some light?

Thanks Sir.

adv.raghavan (Advocate,9444674980)     04 March 2014

Female dying intestate, for properties obtained from father side and husband side,and in the absence of legal heirs referred in section 15 (1),it will devolve upon the legal heirs of father and husband, for the case in hand class I legal heir is available so the property will devolve upon the husband

so the opinion of ADV.Kalaiselvan is appropriate.

Lakshminarayan (Self)     04 March 2014

Awesome reply. Thanks to both advocates.

Best Regards,

Laximinrayan.

Advocate Ravinder (Advocate/Attorney)     04 March 2014

I disagree with Kalaiselvan.  Class I heirs (Sec. 10) of the Hindu Succession Act deals with succession of property relating to males and not female.  Sec. 15 deals with succession of property relating to females.  I agree with the author.  As per the act, preference wife firstly it will go to sons, daughters and husband.  Since there are no children, it will go to husband only.  

T. Kalaiselvan, Advocate (Advocate)     05 March 2014

Mr. Ravinder, what is that you have disagreed with me by finally saying the same thing what I have opined?

 I have very clearly stated that "Since she died intestate,the same will devolve upon her class I legal heir, in this case her husband who is the only surviving class I legal heir will be entitled to all her properties, nobody else can claim any share out of it."

 

You have also stated that "As per the act, preference wife firstly it will go to sons, daughters and husband.  Since there are no children, it will go to husband only.  "

What is that you have disagreed with me while confirming the same thing what I told but doing it in a round about way?

 

I have nowhere mentioned the alleged section 10 of succession act, which is your imagination, in fact learned Adv Mr.Raghavan also referred to sec 15(1) of the succession act and you too referred to the same one, what made you to disagree with my opinion on the subject, please clarify.

Advocate Ravinder (Advocate/Attorney)     05 March 2014

You have nowhere mentioned about sec. 10 but the word class I heir which you have been uttering is not acceptable. Class I heir relates to sec. 10.  However, your final result is correct.

Advocate Ravinder (Advocate/Attorney)     05 March 2014

You have nowhere mentioned about sec. 10 but the word class I heir which you have been uttering is not acceptable. Class I heir relates to sec. 10.  However, your final result is correct.


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