Property share distribution
munshilal
(Querist) 17 January 2020
This query is : Resolved
Husband died with out writting a Will,the wife gives her share to one of the siblings,the property is self acquired of the father in-law.
Query ,can other siblings claim equal share as the the property in question is not self acquired by wife/mother.
KISHAN DUTT KALASKAR
(Expert) 18 January 2020
Dear Sir,
Please see the following law.
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
P. Venu
(Expert) 19 January 2020
With the death of the husband, the intestate property is jointly vested with the wife and the children (and his mother, if alive)
T. Kalaiselvan, Advocate
(Expert) 26 January 2020
If the wife of the deceased relinquished her rights towards her share in the proeprty then it shall be in favor of all cosharers only and she cannot relinquish her share in favor of a particular shareholder when property has not been partitioned and there are more than one shareholder.
She can transfer her share in the proeprty by executing a registered settlement or gift deed in favor of the chosen person.
hence the dispute by other siblings is maintainable.
