Ravindran (Engineer) 05 February 2013
My wife is the only daughter for her mother.No brothers. Her mother died last year without a will. A property belonging to her diseased grad mother (Her mothers mother who died last year) is to be divided between her uncle (Her grand mother having two children her uncle and her mother/ grand father no more) and herself. I would like to know whether her father is a legal hire for this inherited property of his wife??
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 05 February 2013
No only the daughter shall get it. Since the property devolved on mother from her mother, husband is ousted from getting the property, since the property is sought to be protected from flowing into a different family. This relevant statutory provision is :
(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.
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
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Ravindran (Engineer) 05 February 2013
Dear Mr. Bharat Chugh, Thankyou very much for your valuable inputs. I do have one more question. I have a child (1.5Yrs) and my wife's uncle has 2 children(B(16),G(14)). As per minor property rights what percentage of share should i deposit on to my son's name to execute this sale?? Whether the deposited money can be utilised for his study purpose or to be kept untouched untill he attains 18 Yrs??
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