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Usha Nair   30 November 2018

Can wife (without kids) inherit husband's property?

There was a case in which a happy couple had to face the tragedy of losing husband in an accident.  The husband had many properties in his name and only one property was in the joint name.  The wife had some handsome amount as her savings.  After death, the relatives of husband usurped his entire properties.  Wife was left only with the property registered on their joint names and with her own earnings.  Upon legal consultation, the advocates informed her that she would not have any right on husband's properties since she does not have any kids.  

I would like to know for sure if this is true.  Will the wife, who has no children, be left with no right on husband's property?  I would also like to know if the marriage is a second marriage where the husband has kids and the wife does not have children even in her second marriage.  The properties purchased by the husband was purely from the earnings of the wife, but the property was registered in husband's name.  In this case, will the wife have any right on the property after the husband's life tinme?  

I am confused, because people have been authoritatively telling that though the property is purchased from wife's money and registered only in husband's name, wife will not have any right to inherit the property.  The property will automatically be inherited by husband's children from the first marriage.  Can you please give me a clarification on this?



 13 Replies

Suri.Sravan Kumar (senior)     30 November 2018

After the death of the husband, wife and children will become legal heirs as per Hindu Succession Act. Since the wife is legal heir of her husband she will have absolute right over the property.

1 Like

Shashi Dhara   30 November 2018

If mother is alive she also get share in her son's property .recently father is also added as heir
1 Like

Usha Nair   30 November 2018

Thank you sir

Usha Nair   30 November 2018

Thank you sir.

Adv. Varun Vij (Advocate)     30 November 2018

Hello,

As per section 8 of Indian Succession Act, the wife and children are the legal heirs of the husband. If mother is alive she too has right over the property but upto specific percentage. Ideally only you and your mother in law is entitled to claim the right over the property. File for heirship and testamentary petition to claim right and distribution of the property.

Understand the basic rights you have and look up to good Advocate for advice. Feel free to contact us for assistance.

Adv. Varun Vij
Juris Falcons Law Group
08779007569
1 Like

Sudhakar Raja   30 November 2018

excellent replies
1 Like

Kumar Doab (FIN)     30 November 2018

1st thing that one may do ASAP is to take the affected party away from such Lawyers that render Bad Legal Advise…

Then obtain 2nd opinion from a very able counsel without concealing anything and by sharing all inputs, record for a considered opinion.

And approach a counsel that shall render unbiased/clear/correct legal advice as per applicable personal law, succession laws, laws of the land and per facts of the matter.

GO thru;

THE BENAMI TRANSACTIONS (PROHIBITION) AMENDMENT ACT, 2016 NO. 43 OF 2016 [10th August, 2016.]; 4 ; (9) "benami transaction" means,—

Kumar Doab (FIN)     30 November 2018

Which personal law applies in your case?

Are all involved Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased left any valid WILL?

What is date/month/year of death of deceased husband?

The affeceted wife as in query is 1st wife or 2nd wife?

Was marriage with affeceted wife as in query, properly solemnized, registered?

The proper evcidence of marriage with affeceted wife as in query exist?

Did deceased get decree of divorce during subsitence of 1st marriage and remarry after getting divorced from 1st wife?

From income of which wife property was registered in name ofdeceased husband; 1st or 2nd?

Was there any narration in agreement/sale deed about payee and/or proof of source of funds?

Confirm!

Kumar Doab (FIN)     30 November 2018

Succession opens on date of death; by inheritance or by testamentary succession (by valid WILL).

In case of Hindu male dying without disposing her estate/property in her life time by a valid/registered deed 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……

 

In case of deceased Hindu woman dying without disposing her estate/property in her life time by a valid/registered deed ClassI,II is not applicable rather nature and source of property matters.

 

If the property is self acquired/earned/absolute in the hands of Hindu woman the 1st right is of her husband (if alive as on date of death) and sons, daughters…………

If property is acquired from husband side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of husband..

If property is acquired from parents side 1st right is of her sons, daughters…………and if sons, daughters are not available then legal heirs of father..

 

The children born from womb of mother have 1st right on mother’s estate/property.

Generically speaking; Wife ( by proper solemnisation of  marriage) of deceased Hindu male without kids/with kids is ClassI legal heir and has equal share.

Kumar Doab (FIN)     30 November 2018

 

If the deceased husband was Hindu and remarries during subsitnece of 1st marriage the 2nd lady is not legally wedded wife and thus not a ClassI legal heir.

If the deceased husband was Hindu and remarries after 1st marriage was ended by court, and 2nd marriage was properly solemnized, the 2nd lady is legally wedded wife a ClassI legal heir and hence has equal share.

If 2nd marriage was properly solemnized ( or was an arrangement that can be called marriage) and was during subsitence of 1st marriage and children were born from womb of 2nd lady (wife as in query) thru deceased husband, the children may have share in self eacquired/earned estate/property of their deceased biological father (wife as in query).

If 2nd marriage was NOT properly solemnized ( or was not an arrangement that can be called marriage) and was during subsitence of 1st marriage and children were born from womb of 2nd lady (wife as in query) thru deceased husband, the children may NOT have share in self eacquired/earned estate/property of their deceased biological father (wife as in query).

 

The facts of the matter placed before authority/court of law shall be looked into for arriving at decision in concurrnec with applicable laws, precedences..

The decision by court is pleasure of court of law.

 

There are many threads on similar queries at LCI that can be searched thru SEARCH option on left hand side in this web page in threads, Articles, Files etc e.g; as posted by you and even related ones

e.g;

Child born from arrangement other than marriage has no right on Hindu Father's property!

 

Under my profile

 

The irrefutable evidences of wife’s money being paid for registering property in the name of husband (if marriage is valid) is fact of the matter ..

The irrefutable evidences of lady’s money being paid for registering property in the name of man (if marriage is NOT valid) is another fact of the matter ..

And if matter does not resolve amicably and agitaed before court of law then court shall decide per applicable laws, precedences..and facts of the matter.

Kumar Doab (FIN)     30 November 2018

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Death certificates, legal heir certificate/affidavit (per local procedure-precedence) are basic requirements. Then authority shall act upon and transfer the ownership in the name of legal heirs. Obtain copy of updated mutations records showing share of legal heirs. This grants rights equal to that of owner to legal heirs. All legal heirs are at liberty to relinquish/release/transfer/gift/sell their share in anyone’s favor.

 

You may help the affected lady to get irrefutable evidences about, solemnization of marriage, payments, death certificate, legal heir certificate and approach O/o Authority … .

And/or file partition suit per advise of LOCAL counsel.

 

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Succession/Testamentary Succession/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Succession/Testamentary Succession/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

 

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Usha Nair   05 December 2018

Thank you for your response sir.  Yes.  The parties involved are all Hindus.  The husband had obtained decree of his divorce from 1st wife and then after a gap of few months only, he remarried another lady.  The income of his 2nd wife was used in purchasing the property and registering it in his name.  But my question is though the property was purchased with the second wife's income and savings, will the sons of the husband have authority and equal rights on that particular property.

Kumar Doab (FIN)     06 December 2018

If the divorce was thru court of law and 2nd marriage was after period of appeal and was properly solemnized then 2nd marriage should be valid and wife from 2nd marriage being ClassI legal heir has equal share alongwith other ClassI legal heirs, as already posted above.

There are many threads on remarriage after divorce at LCI also that ou can search using SEARCH option in threads, Files, Articles…

1st lady is no more having status of Wife after divorce.

Since the title of the property was in the name of deceased father, mother (if alive as already explained) legally weded wife, children may claim share. The authority may update mutation records per procedure, until or unless order from court, restrains.

The self earned/acquired estate/money of wife spent to buy property in the name of husband (deceased father as in query) is another matter, as already posted above.

If matter has landed in court then court shall decide per facts of the matter and court may order to update mutations.

Approach a very able LOCAL counsel with all facst/records/inputs in person and sicuss to your satisfaction.

If there is NO such counsel at your location (which is otherwise, usually not possible) try to get access to such counsels at jurisdictional HC.


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