Ownership of property
Bhawani Mahapatra
(Querist) 24 February 2012
This query is : Resolved
Is there any provision of Law, by which a widow alone can be considered as absolute owner of the property recorded in the name of her husband ignoring sons & daughters of the deceased. If so pl. elaborate the provisions.
Raj Kumar Makkad
(Expert) 24 February 2012
If the deceased husband during his life time had executed a will in favour of his wife only then such property can be duly owned by widow in her inheritance after demise of her husband.
Raj Kumar Makkad
(Expert) 24 February 2012
otherwise there are no chances and thus all the legal heirs are successors to the property left by deceased either it may his self acquired or ancestral.
adv. rajeev ( rajoo )
(Expert) 24 February 2012
After the death of the husband all the surviving members are entittle to claim their share as Class I( sons and daughters, mother of the deceased and wife) legal heirs of the deceased.
ajay sethi
(Expert) 24 February 2012
Agree with makkad
M/s. Y-not legal services
(Expert) 24 February 2012
rajeev sir.,
if the propery is self acquired of the husband mean he can be made any arrangements..
if any arrangement in the name of wife mean wife alone can claim the ownership..
am i wrong?
-tom-
Rajeev Kumar
(Expert) 24 February 2012
Compelely agree with Makkad
Shantilal Pandya
(Expert) 24 February 2012
Self aquired property can be disposed off by will in favor of the donee to the exclusion of all others, even in case of ancestral property disposal can be validly made to the extent of the share of the holder
Adv.R.P.Chugh
(Expert) 24 February 2012
Though this is relevant only in historical retrospect - Apart from the above ; a widow also used to become absolute owner of the property of her husband - if the husband created a limited interest in lieu of her pre-existing right to maintenance - by virtue of S.14 of the HSA - if she was in possession of such property at time when HSA came into force - her limited estate automatically enlarged into an absolute estate. In this way too in some cases she became absolute owner even in presence of children.
Advocate M.Bhadra
(Expert) 24 February 2012
If the husband of the said widow executed a Deed of Gift or made a WILL during his life time and the said WILL was granted by the Court then she can absolute owner of the property.Otherwise said widow,daughter and sons have equal share of the property.
Shantilal Pandya
(Expert) 25 February 2012
I disagree with any proposition and say that the the law on the subject is the one which I have expressed , father cannot make a will of the ANCESTRAL property except to the extent to his share , otherwise any father can deprive the children of their legitimate birth right , that is not the position of law, there is no question of the court to make a will effective contrary to law , creation of limited interst in favor of wife by the husband to the exclusion of rightful owners would not bind the children who are legal owners of their respective interest , remember that a man cannot pass a better title than he himself has !
prabhakar singh
(Expert) 25 February 2012
You have not put the facts of your case,that is why a lot of undesired difference of opinion has accumulated here.
Had I been first to attend your query I might have put questions to explain or elaborate facts and circumstances that are before you.
But since answers are already given which all are true in different circumstances I propose you to explain as below:
If your question relates to a Muslim husband then he can not discord his heirs by any will for more than 1/3 rd of what he owns,whether inherited or self acquired without the consent of all fixed heirs by Islamic law of inheritance.Although other modes of transfer such as sale or GIFT(even oral)is possible for him,if he intends to loose his ownership during his life time.Thus a muslim has restricted right of transfer by any WILL.
And if it relates to a Hindu and the properties are his self acquired then he is
free to transfer it to any body during his life time by any mode of transfer be sale or gift if he intends to loose his ownership during his life time.
In case he wants to testate the succession of his properties he is again free to lay down by WILL to any one his choice even discording his legal heirs.
In case the properties are ancestral and coparcenary and he is from mitakshra school belt then his sons and daughters also have equal share in those properties,
hence his rights told above are LIMITED TO THE EXTENT OF HIS SHARE ONLY.
BUT IF HE IS FROM A DAYABHAG SCHOOL,THEN PROPERTIES BE ANCESTRAL OR SELF ACQUIRED ,HE IS FREE TO EXERCISE ALL THE RIGHTS IN
HIS CHOSEN MANNER .
Deepak Nair
(Expert) 25 February 2012
A lot has been discussed on this subject. Plese provide the clarification as asked by Prabhakar Sir to reach a conclusion.
Raj Kumar Makkad
(Expert) 25 February 2012
Despite of a long discussion on the subject, the author has not dared to come and participate.
