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Sidhhi   27 June 2023

Who will have first right ?

A widow living in Mumbai doesn't have any child nor her late husband adopted any child as per law.

Widow has One brother and 3 sisters from maternal side.

She doesn't have any living member from her husband's side except a married daughter from her husband's deceased sister.

Who will then have first claim to inheritate her apartment in the name of late husband and movable assets ?

TIA


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     27 June 2023

If the property is self-acquired, the husband is predeceased and there are no kids, it will go to the husband’s heirs, not to her parents, siblings or other relatives. In inherited property, there is a further distinction based on the source of inheritance. As per Section 15 (2)(a), if the property is inherited from her parents, it devolves to the father’s heirs in the absence of any kids. As per Section 15 (2)(b), if the property is inherited from her husband or father-in-law, it devolves, in the absence of kids, to husband’s heirs.

Thus, if a female Hindu dies intestate without leaving any issue, then the property inherited by her from her father or mother would go to the heirs of her father whereas the property inherited from her husband or father-in-law would go to the heirs of the husband.

Dr. J C Vashista (Advocate )     28 June 2023

Very well explained and advised by learned expert Mr. T Kalaiselvan. I fully endorse it when the widow professes Hinduism and property is self acquired of her deceased husband.

The intestate property of the widow shall devolve upon successor of deceased as per source of acquisition, i.e., when it devolved from parents it would go back to parents or their LRs similarly if acquired from in-laws it would go to them as per her personal laws..

What is your locus standi ?

Sidhhi   29 June 2023

Thanks for clarification. This forum has really good souls and experts helping out citizens by legally correct guidance and response. Keep it up.

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