Share of unmarried women...
Dhiraj A Rajhans
(Querist) 27 June 2012
This query is : Resolved
women married in the year 1983. out of the said wedlock son was born in 1986. the said women got divorced with her husband in the year 1993. Thereafter the husband expired in the year 2002. After the death of husband the divorced wife got mutated her name and her sons name in the property card extract in a property to the extent of her husbands share in the year 2006 and sold of that share in the year 2009.
my question is... is the divorced women and her son is entitled to the share?? can such divorced women and her son sell of the share without the prior consent of other co-owners??? is there any right of pre-emption???
awaiting reply.....
Adv.R.P.Chugh
(Expert) 27 June 2012
1. Divorced woman is certainly not entitled to share as she is not a heir - the child certainly is.
2. Son's share can be sold - but the purchaser/alienee won't have right to joint possession if it's a dwelling residential house - nor a right to seek partition - and his share can be purchased by the other heirs/co-owners.
3. They can also file an application under Hindu SUccession Act - Section 22 and assert their right to pre-emption.
Adv.R.P.Chugh
(Expert) 27 June 2012
1. Divorced woman is certainly not entitled to share as she is not a heir - the child certainly is.
2. Son's share can be sold - but the purchaser/alienee won't have right to joint possession if it's a dwelling residential house - nor a right to seek partition - and his share can be purchased by the other heirs/co-owners.
3. They can also file an application under Hindu SUccession Act - Section 22 and assert their right to pre-emption.
Adv.R.P.Chugh
(Expert) 27 June 2012
1. Divorced woman is certainly not entitled to share as she is not a heir - the child certainly is.
2. Son's share can be sold - but the purchaser/alienee won't have right to joint possession if it's a dwelling residential house - nor a right to seek partition - and his share can be purchased by the other heirs/co-owners.
3. They can also file an application under Hindu SUccession Act - Section 22 and assert their right to pre-emption.
Dhiraj A Rajhans
(Querist) 27 June 2012
in the total property the late husband had 1/3 share........ what will be the share of his son then?
Adv.R.P.Chugh
(Expert) 27 June 2012
1/3rd of father's 1/3rd in that situation i.e 1/9th
Anirudh
(Expert) 28 June 2012
The Deceased had 1/3rd share in the property.
The deceased left behind only one son.
Therefore the said son will inherit the entire 1/3rd share of the deceased to himself.
