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Wife right when her husband expires without a Legal Will

(Querist) 28 June 2011 This query is : Resolved 
Dear Sir,

I have a very important question to ask as far as our Indian law is concerned.

My friend lives in a nuclear family.Husband and Wife and only one child no siblings.

Recently, husband expired due to some health problems.

No legal will was executed/created by husband,please tell me what wife should do in this matter.

Kindly,guide us as how to go about it.

Thanks & Regards

A V Vishal (Expert) 28 June 2011
What is the religion of the deceased
Devajyoti Barman (Expert) 29 June 2011
f the husband is Hindu then after his death , his widow and son inherit his properties in equal share presuming his mother predeceased him.
Advocate Rajkumarlaxman (Expert) 29 June 2011
if its joint family proerty along with others she also gets equal share in property or if it is self acquired property then she and her sons and daughters if any only gets equal shares . it depends on the excat facts of the case. provide details
Advocate Sachdev Bishnoi (Expert) 29 June 2011
i agree with mr. devajyoti
AA RAMAKRISHNAN (Expert) 29 June 2011
dear member:
you have not explained what you want actually. If the family is nuclear, since you have not given any details as to the inhertance, no complication as to the succession. The enitire tangible and non-tangible properties belonging to the deceased husband will go to the wife and the child and it will be mutated in their name. If the child is a minor the mother will act as a guardian till he/she attains the majority. She will have the full right to deal with the property till the minor comes to majority. After the death of the husband, since there is no will, the success is open and no claimant can defeat your right as a wife and son as the true owners to inheritance of the properties.

Shashikant V. Patil (Expert) 29 June 2011
I agree with Mr. Ramakrishnan's view.
Suny (Querist) 07 July 2011

Dear Sir,

I thank you all very much for your guidance.I believe we will always get more guidance on different matters from esteemed people like you.



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