Hindu succession act
Prakash Alva
(Querist) 31 July 2015
This query is : Resolved
There are two brothers and four sisters in the family.
First brother(A) passed away in June 2001,leaving behind his widow and were issueless, and the widow(C) inherited his house property. One sister(B)among the above passed away subsequently in sept. 2001.The widow (C)refered above, passed away in December 2009 interstate and she was issueless. The surviving members on her husband"s side at the time of her death are one brother, three sisters and children of diseased sister (B).
In a situation like this who are the legal heirs to the widow's property.
Do we take the date of death of the widow or the actual date of death of the late husband for determining the legal heirs of her husband.
Please advise.
Prakash Alva.
Kumar Doab
(Expert) 01 August 2015
It is believed that property in question is self acquired. You have posted in title of query that Hindu Succession laws shall apply.
ClassI legal heirs of deceased bother A are; Mother, Wife as there are no children.
The property that devolved upon wife should attain the status of self acquired. The property came to the hands of wife from husband side.
If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband, in case of absence of his sons or daughters. Since the woman died issueless and did not leave any WILL the first right shall be of ClassI legal heirs of husband i.e. mother. If mother of husband (Mother in law of deceased woman/wife) is also not available ClassII legal heirs shall come into picture.
ClassII relation are:
Father,Brother/Sister,Son’s daughter’s son/daughter,Daughter’s son’s son/daughter,Daughter’s daughter’s son/daughter,Sibling son/daughter,Father’s Parents,Brother’s widow,Father’s sibling,Mother’s parents,Mother’s sibling
You may wait for advise of experts.
Prakash Alva
(Querist) 01 August 2015
Thank you Mr.Kumar Doab, for your kind response, and time
The property is slf acquired by Mr. A, and did not have any mother or father surviving at the time of his death.
I too agree that the property should go to husband"s legal heir.
our confusion is, to repeat "Do we take the date of death of the widow or the actual date of death of the late husband for determining the legal heirs of her husband."
If we take date of death of widow
(yr 2009) to determine legal heirs of the husband, the benificiaries will be one brother and three sisters.
If we take the actual date of death of the husband i.e june yr 2001 to determine legal heirs it will be one brother and,four sisters.
Await Valuable input from our Experts.
Thanks and Best regds,
Prakash alva
T. Kalaiselvan, Advocate
(Expert) 09 August 2015
Dear Prakash Alva, you should first note one thing that this question arose only due to the death of the widow and not due to the death of her husband. Therefore you have an answer in your question itself that the computation will be upon the date of death of the widow alone, therefore any legal heir surviving the date of her death will be the heirs or successors in interest to succeed the intestate property left behind by the widow who inherited the same upon her husband's death.
Prakash Alva
(Querist) 10 August 2015
Thank you sir, for putting it in simple and proper perspective.It makes clear sense when one reads your reply.
Thank you once again.
Prakash
