Kiran kumari 06 March 2017

Regarding heir of property

Hi i am Kiran from Patna Bihar. My husband bought property on my name and died.i have no child.who will be owner of my property after my death i.e. my father or father in law. Thanks and regards Kiran

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7 Replies

Ms.Usha Kapoor (CEO) 06 March 2017

You are the absolute and sole owner of your husband given PROPERTY AND YOU AS ABSOLUTE OWNER CAN SELL, BEQUEATH,lease,exchange,morthage,gift, will away etc of that property during your life time. If you die intestate your property would devolve upon your father and in his absence heirs of the father.

shrenik (lawyer) 06 March 2017

You can make a will and give to to ur Father or father in law Its upon ur discretion to whom you want to give ur property

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 06 March 2017

I agree with learned friends stated above. However, when a Hindu Female dies intestate ie. without leaving a proper Will behind, the estate shall devolve to Heirs of Husband. If there are none, it devolves to your Father. In the absence of your Father, next estate devolve to Heirs of your Father. Finally, in the absence of any one of them, the estate devolves to your Mother. In case there are no heirs at all, property is taken over by the Government.

However, if a Will is written and the required formalities of probate etc are complied with, the persons named in the Will shall inherit the estate. This means that you are free to sell, assign, gift or transfer the property during your life time. You can also write a Will naming the beneficiaries. Only if you do not write a Will, Paragraph 1 noted above shall be applicable.

As long as you are there, please do not think of all these things to whom the estate goes etc.. Just take care of the assets, use the same for your sustenance and use it for charity etc. Finally, when you feel like prepare a Will with the help of a honest and good Lawyer and leave instructions with him to announce the Will when it is required, keeping the Will with your Bank who are offering this kind of services with a nominal fee.

(Guest)

If nobody there, it go to govt.

G.L.N. Prasad (Retired employee.) 06 March 2017

If you are not having source of income, and if your husband has purchased the property for security or smooth succession the property should go only to your father in law, in case if you do not write the will. Even if you write a will, your father in law can challenge it later that it was his son's property and he has to establish that. In undivided hindu family, property can be in any one's name and it may not affect the joint holding.