Reshil 07 November 2017

Share in Property after husband's death

My sister recently lost her husband. There is no will. Now two properties are left behind her Husbund. 1)One is jointly in name of her mother inlaw and her husband acquired after her father inlaw's death through inheritance. 2) And another is in name of her husband since purchase of the property. She has five years old son and has no sources of income. Her mother inlaw is foreign citizen. Now can she include her name in these properties? And if she can such then how much share she can take with her son? As per my understanding my sister and her son will be heirs of 100% share where name of her husband exists (i.e.50% for herself and 50% for son in property no. 2. ) Does her mother inlaw share any part in property no. 2? And plz also explain share in property no. 1.

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Vijay Raj Mahajan (Advocate) 07 November 2017

For Hindus, in the death of a male, his property devolves to his widow one share, to all his children one share each and to his living mother one share. So in this case presumably it's a Hindu family, in property no.1 the half share of husband is to be divided in three portion one each for his widow, one for his son and one for his mother. In property no.1 mother already owns half of the property portion. Similarly for property no.2 three portions, one share each for his widow, one for son and one for his mother.

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Siddharth Srivastava (Advocate) 07 November 2017

She is entitled to inherit her husband's property. The property in the name of husband purchased by him shall be full inherited while in other property where husband is joint owner, she is entitled to 50%