Property of female dying without will
Adv Vikramsinh Mohite
(Querist) 23 December 2013
This query is : Resolved
Hon'ble Experts,
There is an lonely old couple staying in our building. Old Uncle's brother's wife died 2 months back without any will. Uncle's brother had died 5 years back. The died female has one flat in her and her husband's joint name. She did not have any child.
Presently the possession of the flat with the died female's brother.
On behalf of elderly couple, I am asking following queries:
1. is this elderly couple entitled to this property of died female?
2. What is the remedy available to them?
3. If yes what is the action they have to take since the possession is not with them.
Kindly advise so that I can help them.
Thanks & Regards
CS Vikramsinh Mohite
ajay sethi
(Expert) 23 December 2013
since the couple died intestate without any children property would be inherited by the legal heirs . did the brother leave any will ?
you have not mentioned that besides brother whether there were any other legal heirs of the deceased
Adv Vikramsinh Mohite
(Querist) 23 December 2013
There are no any other legal heirs of the deceased on her husband's side. But she has 2 brothers and mother.
This old uncle and his sister are the only legal heir on deceased's husband's side.
ajay sethi
(Expert) 23 December 2013
well the deceased wife 50%share would go to her legal heirs . contact a local lawyer .
ajay sethi
(Expert) 23 December 2013
did the brother make any will or he died intestate ?
Rajendra K Goyal
(Expert) 23 December 2013
Considering expired couple was hindu. Flat was in joint name of husband and wife since deceased.
It appears that no first class heir is available.
50% share of husband would go to his brother (So called your uncle) and any other heir if available in his side.
Rest 50% share of wife would go to her 2 brothers and mother equally.
your uncle may file suit of partition for claiming his share.
Adv Vikramsinh Mohite
(Querist) 24 December 2013
The property of died female was her self-acquired. She left no will nor her husband left any will.
Anirudh
(Expert) 24 December 2013
Upon the death of her husband, the 50% of the share of the husband in the property would have been inherited by the wife.
Therefore, in terms of Section 15(2)(b) of the Hindu Succession Act, the said 50% of the property inherited by her from her husband, shall devolve upon the heirs of the husband. In this case, the heirs of her husband are (Class-II heirs) husband's brother and sister. They will get equal share in the 50% of the property.
Now, we have to deal with the other 50% which stood in the name of the deceased female.
In the absence of any son(s)/daughter(s) etc., the property would devolve in terms of Section 15(1)(b) of the Hindu Succession Act upon the heirs of her husband.
The heirs of her husband are none other than her husband's brother and sister.
Therefore, ultimately, the whole of the property (50% her husband's share and 50% her share) would go equally to the brother and sister of her deceased husband.
Nobody else will get any share in the property.
