Regarding heir certificate of deceased woman

Querist : Anonymous (Querist) 01 September 2025 This query is : Resolved
A woman died without leaving a will for her property. She has about 10 cent of land in a remote area. She got separated from her husband before her only daughter was born. Her husband living with another woman and has children through the second woman and never looked after her or her daughter. Her husbands whereabouts are not known and is not in contact with the daughter. The daughter is now married and took care of her till her death. Can the daughter get the land left by her without any will. If so what is the procedure? Please reply

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kavksatyanarayana (Expert) 01 September 2025
Is the property of 10 cents of land acquired by her or ancestral? As the woman did not get a divorce from her husband, the husband also has an equal share with his daughter.

P. Venu (Expert) 01 September 2025
Mere separation does not deprive the husband of his share in the property.

Querist : Anonymous (Querist) 02 September 2025
That 10 cents of land was given to her by her father. Not sure whether her father bought it or it was given to him by his forefathers. She left her husbands house in a few months after marriage because difference in opinion. Before her daughter was born he was living with another woman and he has children with the second woman without divorcing her. She was living in her father's house and all expenses were paid by her father till his death. Her husband did not give her any money till her death though he gets pension. All medical expenses and day to day expenses for her was spent by her daughter. But still should he be given a share in her property after her death? Is there any way to deny him right over that property by law.

T. Kalaiselvan, Advocate (Expert) 02 September 2025
This property appears to be self acquired property of the mother of the person who you refer here.
Since her mother was not legally divorced, her husband being a legal heir to her mother is entitled to half share in the property at par with the daughter.
The daughter has to first obtain a legal heirship certificate including her father after which she can follow the legal procedures to transfer the property from her mother's name.

Querist : Anonymous (Querist) 02 September 2025
Thank you all for giving me guidance

kavksatyanarayana (Expert) 02 September 2025
You are welcome sir.

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