Prem Dhawan (service) 08 November 2014

Rights after the demise of a person

Dears,

Does the spouse (read wife) automatically get rights on the property etc. belonging to a person (read husband) after his demise if there is no will?

For me this is the most logical even if the man has (few) children. Children should have the rights only when none of the parents are alive.

I am taking about the simple (simplest) case where the man and woman married only once and the children are their children. No second marriages, no step-children, ...

Thanks in advance for clarification.

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3 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 09 November 2014

Dear, If.the party is Hindu, on his demise his property will go in equal.shares to first class heirs which will be ( wife, parents,childrens etc) . There in this case the property.will.go wife and children's. Adv kapil chandna, 9899011450

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 November 2014

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. Class I includes children with equal share.