Rights of husband in hindu women property

vidya sakpal (Querist) 13 October 2020 This query is : Resolved

Respected Sirs,

My Grand Mother dies intestate in 1956. At the time of death, she has self acquired property.

Self acquired property was purchased from the money received by she after sale of property received by her in inheritance from her father.

At the time of death she has husband, a son and daughter.

After her death, husband, son & daughter registered in 7/12 as legal heirs.

After few years husband remarried and have two children's.

Husband dies intestate in 1994.

Now, steps children of her claiming their rights as husband have his name in 7/12.

I would like to know that whether, husband has a right in her self acquired property purchased by her by selling her property received from her father as per Hindu Succession Act?

Thanks & regards

Vidya

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Quick Summary

This discussion clarifies the rights of a husband in his deceased wife's self-acquired property under the Hindu Succession Act, particularly for deaths after 1956. If a Hindu woman dies intestate, her self-acquired property is inherited equally by her husband, sons, and daughters. When the husband later dies intestate, his share devolves to all his children, including those from a subsequent marriage, and potentially his second wife if she is alive.

K Rajasekharan (Expert) 13 October 2020
Her husband has a right over the self acquired property of his wife who died intestate, if her death occurred after 17th June 1956 when the act came into force, as per Section 15 (1) (a) of the Hindu Succession Act.

If so her sons, daughters and the husband will have to take the property simultaneously.

kavksatyanarayana (Expert) 13 October 2020
Your query is just confusing. To my understanding, your grandmother died intestate leaving behind her husband, son, and daughter. So the self-acquired property of your grandmother devolves equally i.e. 1/3rd share each to the husband, son, and daughter. The husband got 2nd marriage and has two children from 2nd wife. He died intestate, his 1/3rd share only devolve to the son & daughter from 1st wife and two children from 2nd wife in equal shares.

Dr J C Vashista (Expert) 14 October 2020
Very well analysed and advised by experts Mr. K Rajshekharan and Mr Kavksatyanarayana which I fully agree and appreciate their acumen.
Answer to your question is affirmative, husband (equally with children) inherited self acquired intestate property left behind by his wife.

Dr J C Vashista (Expert) 14 October 2020
It would be advisable to consult a local prudent lawyer for appreciation of facts / documents, professional guidance and necessary proceeding, if you have any other doubt/ query.

P. Venu (Expert) 14 October 2020
Yes, the property of the grandmother had been vested with her husband with the children. However, on the death of the husband, the property so inherited would be vested with the legal heirs of his late wife (i.e. the grandmother) and not his legal heirs. As such, in my understanding, the children from the subsequent wife has no claim over the property inherited by their father from their deceased step-mother..

Rajendra K Goyal (Expert) 14 October 2020
Children of second wife has share in the property inherited by their father.

Humbly and respectfully differ. The 1/3rd share of father would be inherited by son, daughter of first wife and sons of second wife and second wife (if alive) equally. i.e 1/15 (1/12th if second wife not alive) each.

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