Husband

This query is : Resolved 
 

(Querist)
12 June 2018

after the death of the wife can the husband demand his wife"s share in his name--since the wife has a share defined clearly in the family settlement pertaining to her farhers property



How many legal heirs the deceased wife has left, including husband?

Ms.Usha Kapoor (Expert)
12 June 2018

Yes! Husband can claim deceased wife's property standing in her name.

Ms.Usha Kapoor (Expert)
12 June 2018

I( stick to my above view

Vijay Raj Mahajan (Expert)
12 June 2018

The Hindu Succession Act, 1956 clearly provides for the devolution of the property of the Hindu female after her death.
Section 14 of the Act provides: Property of a female Hindu to be her absolute property.—
(1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner. Explanation.—In this sub-section, “property” includes both movable and immovable property acquired by a female Hindu by inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner whatsoever, and also any such property held by her as stridhana immediately before the commencement of this Act.
(2) Nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property.

Section 15(1)(a) provides : General rules of succession in the case of female Hindus.—
The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

Based on the above provisions, the deceased wife who was to get share in the property of her father after her death shall be devolving to all her sons, daughter and her husband. Each of these will get one share each in that property. It's not only the husband but all her children are entitled to claim and get one share each in the property that is coming from the father's property.


The position differs in case of existence or non-existence of the legal heirs of the deceased female. That is why, I have asked question about her legal heirs after her death.


Ms.Usha Kapoor (Expert)
13 June 2018

I stick to my above view.

Sudhir Kumar (Expert)
13 June 2018

based on given facts no better views can be expressed.

ramdevsharma (Querist)
13 June 2018

thank you all - now my Query is how to revoke a irrevocable PoA

Ms.Usha Kapoor (Expert)
13 June 2018

Despite its name, an irrevocable power of attorney can be revoked in some situations. If the agent or attorney-in-fact is abusing his position by acting in a manner contrary to the best interests of the principal, a court action can be filed to revoke the power. And in some states, simply using the word "irrevocable" in the document will not necessarily make the power of attorney irrevocable. A court often looks at the relationship and transactions between the principal and agent to determine if the power was intended to be irrevocable.

Ms.Usha Kapoor (Expert)
13 June 2018


1) All you have to do is to get a Revocation of POA prepared and send it along with a letter notifying your cancelling the POA to your POA

2) You may send a legal notice along with the copy of the Revocation of PoA to the concerned parties and make publication of the POA in the local dailies.

3) You don't need to to have the Revocation of POA registered. However if you choose to register it you may submit the same along with the letter/legalnotice and the news paper publication to the Sub Registrar and he cannot refuse to register. If he still does so demand in writing the reason to do so

Sudhir Kumar (Expert)
13 June 2018

please come with complete facts of the case.

now you are talking about POA. By playing hide and seek the loser is going to be you only. You are depriving yourself of the correct advise by holding facts from the forum

R.Ramachandran (Expert)
13 June 2018

Mr. Ramdevsharma,
With regard to your first query, Mr. Dhingra sought some information i.e. whether your wife had left behind any son(s)/Daughter(s).
Why are you not giving information on that.
Why don't you realise that without that vital information, the answer to your first query remains incomplete.

ramdevsharma (Querist)
13 June 2018

mr sudhir kumar & r .ramachandran --thank you- for your concern-the fact is i am satisfied with the answers given to my pointed question -hence i do not wish to gain any further knowledge by giving any further clarification.

ramdevsharma (Querist)
13 June 2018

Ms .usha kapoor- in continuation i finally rest my query- by asking -can a registered family settlement be altered/changed/modified -if yes the how many times

Ms.Usha Kapoor (Expert)
13 June 2018

Yes! It can be modified but can't be altered or changed. If there is a clause in settlement deed to modify or cancel accordingly it can be modified or cancelled. Only once it can be modified..

Ms.Usha Kapoor (Expert)
13 June 2018


You have to see the conditions of settlement in the deed. If there is a clause to modify or cancel in his lifetime, he can do so.

If the settlement is for absolute rights without any right for settler to cancel in the future, it is not possible to cancel

Dr J C Vashista (Expert)
14 June 2018

The author is testing ability of the respondent/ experts by giving an examination; feels satisfied and shoots up next, next and next question paper. However, he do not bother to reply to the relevant question raised by the expert and evading facts of his hypothetical circumstances.

ramdevsharma (Querist)
14 June 2018

mr.vashita the answer you are seeking which you have presumed i am evading --that is there are no legal heirs except the husband

Ms.Usha Kapoor (Expert)
14 June 2018

I stick to my above view.

R.Ramachandran (Expert)
14 June 2018

Ms. Usha Kapoor: The query was:after the death of the wife can the husband demand his wife"s share in his name--since the wife has a share defined clearly in the family settlement pertaining to her farhers property.

And you have answered: Yes! Husband can claim deceased wife's property standing in her name.

You have stuck to your above view 3 times!

The querist has BELATEDLY THOUGH, now confirmed that for the deceased (wife) there are no legal heirs except the husband.

After this clarification from the querist also, you have stuck to your first view and this makes that you have stuck to your above view for 4 times!

I salute your steadfastness and stubbornness!

I dont think you looked into Section 15(2)(a) of the HSA, 1956. I WILL NOT BE SURPRISED, IF YOU STICK TO YOUR VIEW EVEN AFTER HAVING NOTICED Sec. 15(2)(a).


Apparently, Google search is her source of information, not any law book.



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