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Shreyas (none)     22 August 2013

Childless hindu widow property heirs


Situation: Childless Hindu widow (wife of grandfather 1) give away all her property by writing a will for her brother’s son and other brothers

Grandfather 1 – no children (my father education was looked after by grandfather 1) dies in 1979 and his property is with his wife who is childless who now gave away to her brothers

Grandfather 2 – Has 2 sons 1 daughter (I belong to this branch)

Grandfather 3 – has 2 sons and 2 daughter

Grandfather 4 – Has 1 son and 4 daughters

Now the grandfather 1 wife had died (2013) and she has given away all the property (got from her husband and father in law) to her brother’s son and her other brother (both movable and immovable) We actually have no connection with her brothers and their sons and we are confused how to approach them.

I heard as per hindu succession law the property should go to husband heirs.

How should we approach and claim the grandfather 1 property through court as per law.

Will it be tedious job or is there any previous examples through which they case has gone to heirs of husband How feasible is the case to proceed. What are the chances.

I heard most of these kind of cases have ended up in out of court settlement between the parties.


 2 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     22 August 2013

Section 15  (1) The Property of a female Hindu dying intestate shall devolve according to the rules set out in Section 16. Female Hindu dying testate by Executing will property will be inherited according will executed by her. 

Raj   16 November 2017

Mr. Gangadhar, I didnt understand your answer completely. So she can write a will in favour of her brother's son and her brothers? or it will come back to the brothers of her husband? Please guide in simple words :)

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