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(Guest)

Husband died and wife asking for property

My friend died after 11 days of marriage now his wife family is asking for my friend's property,PF , insurace etc.

All the property is on my friend name.

Now my question is : Can wife take all property. If yes , then what will happen to his unmarried sister and mother.



Learning

 20 Replies

Adv. Chandrasekhar (Advocate)     08 January 2012

wife and mother have equal shares on the immovable and movable property of the deceased person.  Unmarried sister does not have any right.

3 Like

Shantanu Wavhal (Worker)     08 January 2012

rightly advised by Chandu Sir.

wife's claim on 50 % property can not be denied.

1 Like

(Guest)

Was there no responsiblity of brother for his unmarried sister?


(Guest)

Let say parents were not there( I mean died before marriage) only unmarried sister/brother then she will take 100% for 11 days.

Shantanu Wavhal (Worker)     08 January 2012

umm, 

experts, light please.

Adv. Chandrasekhar (Advocate)     08 January 2012

if the unmarried sister is dependent upon the deceased brother, she can claim for maintenance till she gets married or become independent out of the estate of the deceased brother (means half  of maintenance from mother and half from babhi) but does not have a right on property.  But being a daughter, she will acquire the right in her mother's property (half of which came to her due to her deceased son), after the death of mother.

abhishek singh (student)     08 January 2012

i would like to ask that in which property will she get her rights ,will it be ancestral property or property acquired by the husband

Ranee....... (NA)     08 January 2012

She is married, either for 11 days or 11 years , her marrital status is same.Her husband died in 11 days.Is it her fault that she would be deprived of her right???

1 Like

abhishek singh (student)     08 January 2012

or is it the fault of the mother /sister whose son/ brother died. if he was the sole bread earner for his hamily then what will happen to dependents. we cannot give the entire property to his wife becoz she is later half of the deceased.

Shantanu Wavhal (Worker)     08 January 2012

mother lost son

wife lost husband

sister lost brother


now, be wise, !!

stop fighting for property. 

1 Like

Ranee....... (NA)     08 January 2012

Take your bhabi in confidence so that she become like a daughter of your parents.Love and care for her .Time will change and you will becaome self dependent one day when you will be not dependent on your brother;s property.How your brother died?Accident or heart attack?

Sameer12345 (SSE)     09 January 2012

When wife dies its a dowry death.... When Husband dies its nobody's fault.... Wife gets property rights....

 

Whom to blame and shame!!!!!!!!!!!!!!!

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     09 January 2012

Dear Querist

According to section 10 of The  Hindu Succession act 1956, with amended act 2005, The widow and the mother have one share each, because as per your query there are no other heirs so both are entitled for 50% each.

feel free to call 

Ranee....... (NA)     09 January 2012

@ Author,

How did the groom died in 11 days of marriage.He may die in an accident or a heart attack.Was it a sudden death? 


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