Claim on property & children after death of a person
Kpankaj
(Querist) 09 April 2012
This query is : Resolved
If a person dies & he has his suceessors as wife , son, father, mother & sister. After his death his wife is living in her fathers house. Now she wants to claim on the husband's insurance claims as well as son. But she is willing to do second marriage? So can the father of deceased will get the custidy of his grandson? Also can the wife get the dues from insurance claim after she gets married ?
ajay sethi
(Expert) 09 April 2012
merely because mother remarries does not mean that she will lose custody of her son to her father in law .
wife is one of legal heir to her husband poperty if husband has dield intestate . she is entitled to her share of insutrance claims .
A V Vishal
(Expert) 09 April 2012
The Supreme Court has ruled that a widow, even after her remarriage, is legally entitled to get a share of her first husband's inherited property.
This reiteration of the legal provision came from a Bench comprising Justices S B Sinha and V S Sirpurkar while it dismissed a petition by one C Sugathan's heirs, who had challenged a Kerala High Court judgment allowing inheritance rights to their paternal uncle's widow even after her remarriage.
The property in question belonged to one Pervakutty, who willed it in favour of his sons - Sugathan, Surendran and Sukumaran. Sukumaran, who died in 1976, was married to Bharathi. Bharathi married one Sudhakaran, who also died in 1979.
But, when the question of sharing the property inherited from Pervakutty arose between his heirs, none were ready to give any share to Bharathi on the ground that she had remarried after Sukumaran's death. The HC held that in the facts of the case, coupled with the provisions of the Hindu Succession Act, Bharathi was entitled to her share in the property.
The apex court, rejecting the appeal against the HC judgment, said, "The succession law brought about a sea change in Shastric Hindu Law. Hindu widows were brought on equal footing in matters of inheritance and succession along with the male heirs."
"Section 14(1) stipulates that any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, will be held by her as a full owner thereof," said Justice Sirpurkar, writing the judgment for the Bench.
Kpankaj
(Querist) 09 April 2012
Thanks experts.
But I have one query on this, if the wife has given in written on bond paer & it is notarised that : she will not ask for her share in future & she is ready to give the custody of small son to his grandfather. Then after some years can she claim? If so then what will be the result?
A V Vishal
(Expert) 09 April 2012
There is no legal validity of the statement on a notarised bond paper unless she executes a proper relinquishment deed duly registered.
Kpankaj
(Querist) 09 April 2012
Thanks Again.
Also I want to know that if the person dies is not having any property in his name at the time he died. But his father is having 2 houses & some cash/deposits, his retirement money & mother's retirement money. So can a wife ask for her share in that property?
Sankaranarayanan
(Expert) 09 April 2012
I agreed with both expert. Mr vishal given well citation for your query
ajay sethi
(Expert) 09 April 2012
widow cnanot claim any share in father in law self acquired property .
Raj Kumar Makkad
(Expert) 10 April 2012
I father in law expires intestate then the right of the daughter in law (widow) also accrues thereon and none can stop her to get her proportionate share from the self acquired properties of her father in law in that event.
Shonee Kapoor
(Expert) 10 April 2012
I disagree Ld. Makkad.
If the widow has remarried prior to the FIL dying intestate, she looses all rights in the properties of the FIL.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
