right of property

Querist : Anonymous (Querist) 18 December 2009 This query is : Resolved
Hi there,
I have some questions-
1. Can a hindu widow claim a share in the ancestral or personla property of her husbad? under wat act of provision? Any relavant case?
2. can a Hindu husbad write a will righting off his will and giving everything to his sons? Nothing to his wife?
It will be a great help 2 me.
Thanks and Regards,
Adv.Shamsheer Pal Singh DHillon

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A V Vishal (Expert) 18 December 2009
1. Can a hindu widow claim a share in the ancestral or personla property of her husbad? under wat act of provision? Any relavant case?

Ans. When a male Hindu dies without writing a will, the succession to his property is not automatic and all the direct descendents-his widow, his sons, daughters, mother and other specified heirs-have to apply for succession under Class I of the Schedule of the Hindu Succession Act, 1956. In the absence of a will, the wife takes her share as any other descendant and not as a widow.
This rule is not applicable to a widow of the son or the grandson of the deceased. Unlike the widow of the deceased who has a right over the property, they are not entitled to the property if they remarry before the succession case opens before a court of law.

2. can a Hindu husbad write a will righting off his will and giving everything to his sons? Nothing to his wife?

Ans. Yes, in case of a self acquired property the testator can will his property or for the matter of fact, in case of ancestral property the share acquired by him from the HUF can be given to anybody of the testator's choice.

Querist : Anonymous (Querist) 18 December 2009
under wat section of hindu succession does it come or is there any other provision??
thanks for your help.
Thanks & Reagrds,
Dhillon.

Querist : Anonymous (Querist) 18 December 2009
for the general informatio of everybody a hindu widow cannot claim the nacestral property of her husband. she is only entitled to get the property attached for maintance.
she doesnt have a chrge upon the property. I have confirmed it. rest u all can also check
Thanks and Regards
Adv.Shamsheer Pal Singh Dhillon

adv. rajeev ( rajoo ) (Expert) 18 December 2009
If husband dies without making any arrangement of his properties i.e., dies intestate then widow can claim her share.
If hindu can dispose his self acquired properties to any body, but not ancestral properties.