Will
Vineet Chopra
(Querist) 03 October 2012
This query is : Resolved
An immovable property is in the name of wife who is no more without making any WILL. His husband, two sons and a daugter are there now. whether husband will inheridate the property or all childrens and husband.
Tajobsindia
(Expert) 03 October 2012
S. 15 of the Act, which is relevant for purposes of this query, reads thus:
"15(1). The property of a female Hindu dying intestate shall devolve according to the rules set out in S. 16 -
(a) firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section ( 1 ),--
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daugh- ter) not upon the other heirs referred to in sub-section (1) in the order specified there- in, but upon the heirs of the husband.
S. 15 of the Act deals with the general rules of succession in the case of female Hindus. Sub-section (1) of S. 15 provides that the property of a female Hindu dying intestate shall devolve according to the rules set out in section 16 of the Act firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband; secondly, upon the heirs of the husband; thirdly, upon the mother and father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother. Sub-section (2) of S. 15 of the Act arises for consideration only when a female Hindu dies intestate leaving property without leaving behind her any son or daughter (including the children of any predeceased son or daughter) and in that event any property inherited by her from her father or mother shall devolve not upon the other heirs referred to in sub-section (1) of S. 15 of the Act in the order specified therein but upon the heirs of the father and any property inherited by her from her husband or from her father-in-law shall devolve not upon the other heirs referred to in sub-section (1) of S. 15 in the order specified therein, but upon the heirs of the husband, Rule 1 of S. 16 provides that among the heirs specified in sub-section (1) of S. 15 those in one entry shah be preferred to those in the succeeding entry and those included in the same entry shall take simultaneously.
Advocate M.Bhadra
(Expert) 03 October 2012
Husband,sons and daughter have equal right over the property which is left by her own name a married female died intestate.
Vineet Chopra
(Querist) 03 October 2012
thanks a lot for prompt reply
V R SHROFF
(Expert) 03 October 2012
In one very interesting case,
A Flat owned by deceased Wife was handed over to her mother, and not to Petitioner husband,
As Mother proved it was purchased out of her fund and money trf from her Account to builder, before her marriage. [no children] [2011, Thane Court SD]
Rajeev Kumar
(Expert) 03 October 2012
Husband,sons and daughter all have equal right as per as details given.
Rajeev Kumar
(Expert) 03 October 2012
@shroff of course what you have posted here is interesting and informative but this case is different and nothing have to do with this query.
V R SHROFF
(Expert) 03 October 2012
@Rajeevji,
b'coz it was extra ordinary, I quoted it here.
son in law was charged for murder of wife for flat, as died unnaturally, hanging on fan , within few months of marriage, and he claim flat after his aquittal
Otherwise, all u experts says is as per normal laws, and agreeable.
