Transfer of ancestral property

Querist : Anonymous (Querist) 28 June 2011 This query is : Resolved
Repected Sirs

I got ancestral property on my name from my Father who is no more. My elder son is passed away year back who was married and now I want to relinquish my rights in favour of my second son (no daughter).

Can widow wife of deceased son ask for her share in above said property? I donot want to give share to her as she is not caring me & my wife at all.

Pl suggest way out so that I can help my second son who is caring me.

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A V Vishal (Expert) 28 June 2011
Under law your Daughter in law can claim the share of her husband but there are certain exceptions to it

bhagwat patil (Expert) 29 June 2011
If she maries to another person she will not get anything.

Kiran Kumar (Expert) 29 June 2011
aptly advised by Mr. Vishal.

R.Ramachandran (Expert) 29 June 2011
If it is ancestral property, then upon the death of your son (who has a coparcenary interest in the property), the property would get automatically get partitioned by operation of law (Sec. 6 of Hindu Succession Act, 1956). The deceased son's share will go by way of inheritance (if he had not left any will) to his legal heirs. You have no choice.

Shashikant V. Patil (Expert) 29 June 2011
Our learned friends views are correct.

Heena Khurana (Expert) 10 September 2012
pls clarify whether as per section 6 of hindu succession act the property will be divided equally among widow and his children or the right is of widow only.

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