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Satya Ponnaganti   12 December 2015

Who would be legal heirs for wife's property after demise

Hi , could you help me to understand who would or who else would be the legal heirs for wife's property. My wife demised due to ill health after 11 years of marriage. Property gifted by her parents and registered on her name.we do not have any kids. Thanks for your help.


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 2 Replies

saravanan s (legal advisor)     12 December 2015

the husband along with the children (if any) would be the legal heirs for the wifes property

SAINATH DEVALLA (LEGAL CONSULTANT)     13 December 2015

GO THROUGH THE SECTION 15 OF HINDU SUCCESSION ACT 1955. Since the property devolved on wife from her parents, husband is ousted from getting the property, since the property is sought to be protected from flowing into a different family. 

S. 15 of the Hindu Succession Act, 1955  

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 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.

 


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