Female died intestate need to know the heirs
Kandukuri
(Querist) 16 March 2018
This query is : Resolved
Sir,
My name is Neeharika. My mother recently passed away. She died intestate and all the properties are in her name and she acquired the properties from her parents. Now my sister (married), myself (divorced) and our father (Deceased's Husband) are leaving in one home. And till now we have not obtained any legal heir certificate. Now my father wants to marry another woman. Now we would like to know the following:
1. Who are the legal heirs of my mother?
2. If my father is also legal heir and will get share in the property then after his death does his wife gets any share in that property?
Request you to kindly help us.
Regards
Neeharika
Vijay Raj Mahajan
(Expert) 16 March 2018
Under section 15(1)(a) of the Hindu Succession Act,1956:
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;
In your case all three of you are heirs of the deceased Hindu women.
If your father want to remarry again he cannot be stopped but after his death if he too dies intestate, namely without making a Will the share in the property that he got after the death of his wife/your mother, will go to his second wife along with both you two daughters from first wife and if he get another child or children out of the second marriage to that child or children as the case may be , each getting one share each in that part of the property which devolved it to him after the death of first wife.
Guest
(Expert) 16 March 2018
@ Kandukuri alias Neeharika,
You have got a good solution to your academic query!
By the way, was your problem pertained to the problem to distribute property today or after the death of your father? What was the logic of asking your 2nd question about the entitlement of your father's non-existing 2nd wife, when your father has not yet married and he is still alive also? So, your 2nd hypothetical question gives clear impression that you did not have any real problem, rather was desirous about getting solution to your law school exercise.
.
Not only that you have never stated that your father has denied to give you your share. So, where was the problem for you?
Kandukuri
(Querist) 17 March 2018
@Vijay Raj Mahajan.. Thank you for your answer sir.
@Jigyasu.. Sir, it is not an academic query. My father says that me and my sister donot have any right in our Mother's property. He says that, till his demise we do not get any right to enjoy the said property as he is the legal heir and now he wants to remarry another women. We do not want some outsider to enjoy the property. It is our Mother's property. So i have raised the second question. we have no elders in our family to guide us. And all the properties are being handled by my father. we are scared that if he is the whole legal heir he may transfer entire property to his second wife.
Guest
(Expert) 17 March 2018
@ Kandukuri alias Neeharika,
Not satisfactory explanation, particularly when point of death was raised by you when your father was still alive. You never made any mention of the real problem and its background history, which you have stated now.
Further, even if you are scared and law would be in favour of the 2nd wife of your father, what would be in your hands to thwart the implication of law. Also, who knows that law will not get changed to any extent any time before the time of death of your father.
You would have been justified to ask only about the present day problem, not the hypothetical non-existing problem of some future time. Only present day problem can be sorted out by the application of the present day law, not any future problem with the present day law.
Still further, your worry will get automatically over, when legal heir certificate includes your name and mutation done in the names of eligible legal heirs.
So, if the problem is real one, your second question was quite irrelevant and absurd in the present day situation.
Further, this is also a mystery that as per your profile, your name is Kandukuri, but in your description you have stated your name as Neeharika.
So, what to believe and what not is the question.
Kandukuri
(Querist) 17 March 2018
@jigyasu... i feel pety for u since u cannot even understand that my full name is kandukuri neeharika, surname being kandukuri and thanks for ur time and reply
Kandukuri
(Querist) 17 March 2018
@jigyasu and no person can lie that his/ her mother has died.. hope u understand stop criticising the people who asks query. if possible try to give solutions for the questions posted here. if you cannot then stop writing such replies. so many have so many questions and that doesnot mean one cannot post a question about future. you might be an analyst but try to analyze the cases/ issues posted here not the the people who are posting queries here. thers might be some genuine cases too. try to knw what are genuine and what are not..
Kandukuri
(Querist) 17 March 2018
@to the forum experts.. sorry for being so aggresive. people post queries here only to know their status legally. but it will be embarissing if they are annoyed by the questions asked them like questions asked by Mr. Jigyasu. people posts query with a view that they might get solutions but not to time pass or test the knowledge of the experts. Hence pl respect the people who post queries here. they do not post queries for time pass please under stand their position. Being a legal analyst u failed to identify which is a academic query and which is a real problem.
