Widow rights to husband property share
Willie
(Querist) 15 May 2017
This query is : Resolved
My dad has a family land in Maharashtra which is shared with his two brothers and one sister. His brother died few years back and the widow re married and has a kid with the second marriage. Can she claim her share in our family property.
Kumar Doab
(Expert) 15 May 2017
Which personal law applies in this case e.g; Hindu!
kavksatyanarayana
(Expert) 15 May 2017
Are you Hindu or which? the reply will depend on it.
Rajendra K Goyal
(Expert) 16 May 2017
In Hindus, succession opens on the day of expiring of the property owner.
She was legal wife when her husband expired, she has a share.
Willie
(Querist) 16 May 2017
We are a catholic family.
Rajendra K Goyal
(Expert) 17 May 2017
The Succession Act contemplates only those relationships that arise from a lawful marriage. Where an intestate has left a widow and if he has left lineal descendants, that is, children and children's children, 1/3 of his property shall belong to the widow, and the remaining 2/3 shall go to the lineal descendants. If the intestate has no lineal descendants, but has left persons who are of kindred to him, ½ of his property shall belong to the widow and the other ½ shall go to those who are of kindred to him. If the intestate has left none who are of kindred to him, the whole of the property shall belong to the widow.
Taken from and Read more at: http://www.lawyersclubindia.com/forum/Christian-law-of-succession-in-india--43743.asp
Kumar Doab
(Expert) 17 May 2017
The link suggested by Mr.Rajendra K Goyal is exhaustive.
The reference from applicable THE INDIAN SUCCESSION ACT, 1925 may be referred.
http://districtcourtsnamchi.nic.in/laws/indian_succession_act_1925.pdf
