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Status of properties

Querist : Anonymous (Querist) 30 August 2011 This query is : Resolved 
Dear Experts,
If the Hindu family Head ( Man ) died due to heart attack : The properties stand's on his name, Personal as well as Ancestral all will be devolved as per Hindu Secession act 2005, That is equally among the Widow and his Children,
Can we say that the Properties fall on women's Hand as per the act, considered Personal Properties ?,
Women's can do what ever they wish... : they can sale or give Release to other family members.,

Is it my assumption correct..?
R.Ramachandran (Expert) 30 August 2011
Both the ancestral and personal property falling to the share of the female hindu would be her personal property and she can deal with it in the way in which she likes.
prabhakar singh (Expert) 30 August 2011
His Personal properties ,if he died intestate
(without will) shall devolve up on his class I heirs as per sections 8(a)&9 of H.S.ACT read with schedule class I.that is to say upon,, mother(if alive),widow,Son, daughter,or their widows and lineal descendants etc.

About his ancestral property the same law is applicable if governed by Dayabhag school,in case governed by Mitakshra so as to form a coparcenary ONLY HIS SHARE CALCULATION SHALL
DIFFER HAVING REGARD TO MEMBERS FORMING THE COPARCENARY otherwise devolution of his share so calculated shall devolve upon as stated above.


YES YOU CAN SAY THAT PROPERTY FALLING IN HANDS OF A WOMEN BY INHERITANCE UNDER Ss.8(a)&9 SHALL BECOME ABSOLUTE IN HER HANDS AS HER PERSONAL PROPERTY AND SHE CAN ENJOY IT ASHER EXCLUSIVE PROPERTY IN WHAT SOEVER MANNER SHE CHOOSES TO DO and can sale or give Release to other family members.
Sachin Bhatia (Expert) 30 August 2011
agree with Mr.Prabhakar singh
Raj Kumar Makkad (Expert) 30 August 2011
I also agree with prabhakar singh


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