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Law_For_All (NA)     30 May 2014

Wife's right after husband

This is a question for my sister and here is situation, just need some advise on Hindu family act (as it says both wife and mother in law)

- Marriage duration - 13 Month, lost her husband in accident, no will

- Family - Mother-in law, 2 sister in law (both married), no father in law or children

on her husband's death does she gets any succession or financial support? does it get distributed to her mother in law and her or mother in law get's to decide the split over wife?

 



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     30 May 2014

your sister's husband had died without making his will then according to law his wife and his mother were the legal heir of the deceased person, therefore his property will be distributed equally in between your sister and her mother-in-law means both will get 1/2 share each from his property, your sister will get full share in the accidental claim .

Biswanath Roy (Advocate)     31 May 2014

Rightly opined by Learned Mr. Laxmikant Joshi..

T. Kalaiselvan, Advocate (Advocate)     01 June 2014

Upon the intestate death of your brother in law, in the event of he leaving his self acquired property or any property that was allotted to him as his share out of the family arrangement or settlement or if he had any share in any undivided property of his father side, in all such event, his intestate property will be equally divided between his legal heirs, here only his wife and his mother.  she can go for partition through court if no amicable settlement is arrived at.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 June 2014

1/2 each to your Sister and her Mother-in-law of the property of the husband only.

 

If there was any undivided property prior to the death of the husband, the partition has to be effected and the said property would also be distributed in the same fashion.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Adv k . mahesh (advocate)     02 June 2014

first successor will be your sister who is married to your brother in law and your sister mother in law and the share will be divided equally 


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