Widow's right in unpartitioned property of deceased father-in laws
gyana ranjan sahu
(Querist) 03 June 2017
This query is : Resolved
A and his wife have died leaving land and building. A had 6 sons and 2 daughters. Out of 6 sons 4 died leaving their families and one is unmarried and another married with sons and daughter. The property is still un-partitioned. One son x died after 2005. My query is can the widow of x who has no son but only 3 daughters can claim for partition of such property?. No will has been made by A. What is the legal way to have the share of the property. She is surviving by husband's meagre pension and has been forcebly evicted by her husband's brother.
adv. rajeev ( rajoo )
(Expert) 03 June 2017
Yes she can claim. She and her daughters have got equal share in the share of deceased husband/daughters
Kumar Doab
(Expert) 03 June 2017
It is believed that all are Hindu.
The land and buildings were self acquired/earned.
Confirm!
Kumar Doab
(Expert) 03 June 2017
In case of Hindu woman the nature of property e.g; Self acquired/earned/absolute and source of property e.g; from Parents/Husband matters for succession.
The 1st right is of her sons and daughters if she deceases without disposing the property whose title is in her name, by a valid/registered deed in her life time.
Kumar Doab
(Expert) 03 June 2017
In case of Hindu male the 1st right is of ClassI legal heirs i.e; Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters................
Kumar Doab
(Expert) 03 June 2017
The nature of property that devolves by inheritance is Self Acquired.
Thus the share of deceased son can devolve upon her ClassI legal heirs, equally.
Rajendra K Goyal
(Expert) 03 June 2017
Being a legal heir of the deceased she along with her daughters have share in the property.
All can file case of partition if no amicable settlement possible.
Kumar Doab
(Expert) 03 June 2017
As illustrated above the widow of deceased son along with daughters can have share, from share of her husband.
Kishor Mehta
(Expert) 03 June 2017
Sir,
The property shall be divided in 8 equal parts for sons and daughters.
The part of the demised son or daughter to be sub divided among his or her heirs.
Widow of the son, who has three daughters, has a legal right to 1/8th share of the property.
Good Luck,
Kishor Mehta
