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Mohan Patil (Research)     19 July 2011

Share if minor and widow

My relative has gifted his self earned property-house to his wife and now his wife died. One of his son died and died son has a wife and minor son. He has one more married son and daughter. Who are the leagal heirs for the property in the name of his died wife. Because it is his self earned property gifted to his wife can he get back his full right on the property? Kindly let me know. 



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 8 Replies

Ashok Yadav (Lawyer)     19 July 2011

Property shall be distributed in three equal portions one will go to the Widow and son of deceased son, one to another son, one to daughter. Husband will not get any share in his wifes property.

Husband falls in Class II heirs and if there is no son, daughters are there then he will get the property of his wife.

Mohan Patil (Research)     19 July 2011

But the husband has earned the property. if he does not get the share then where he will stay. He needs a house to stay. 

Raghav Sood (Lawyer)     19 July 2011

"One of his son died and died son has a "wife" and "minor son". He sic (she) has one more married "son" and "daughter" 

well the she has four legal hiers married son +++married daughter+++++minor son of predeceased son++++ and husband

The wife of predeceased one doesnot have share in property 

well husband has share in the property because he is class one heir as per section 15 HINDU SUCCESSION ACT (genreal rule for sussession for females)

the reply to post by Sh Ashok yadav is incorrect

husband cannot get back the full right in property since the gift has been made by the husband as it was his explicit intent to part with self earned property by way of gift and donee has accpeted the gift and there wil no condition for revocation in the gift deed i can strongly presume even if their has been an revocable clause said the right shall ought to have been exercised in the lifetime of wife donee.

Raghav Sood (Lawyer)     19 July 2011

for for clarity the section 15 is reproduced below

 

 

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 mother and father;

                       (d)       fourthly, upon the heirs of the father; and

                       (e)       lastly, upon the heirs of the mother.

         

Ashok Yadav (Lawyer)     19 July 2011

Thank u very much Mr. Raghav for making me correct. I am agree with the veiew expressed by Mr. Raghav Sood.

Mohan Patil (Research)     19 July 2011

Thanks Mr. Raghav. As you said the wife of predeceased son has no share but she is the guardian of her minor son. Can she go to court and claim her minor sons share?  If she can claim then she can also sell that property. Please comment. 

Raghav Sood (Lawyer)     19 July 2011

she cannot claim share as she is not entitled under the law even it is of her own son but she can seek permission to sell the share of minor by moving appropriate petition under Hindu Adoption and Maintenance Act since the property in question is the residential house the other co-shaers have preferential right over it they can claim US 22 of the Hindu Succession Act. one co-sharer can buy the share of minor through mother after she took necessary permission from the court

kashinath pandey (director)     17 February 2012

sir, after the death of my friend's father, his grand father sold his self earned land in 1984 without giving share to him or to my friends mother(the widow).that time my friend was only 15 year old. My friend's mother also died in year 2000. so please let me know whether my friend and the widow (his mother) were entiteld for the share in that particular property or not..? if he and his mother were entiteld then, should he go against the sale deed and challange it in the court ?


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