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SANKARPRASAD (MNGR)     07 March 2025

Deceased person's wife portion in intestate property.

Dear Sir,

Mr. A is an adopted son and related to South Indian Hindu Brahmin Family.

He died as an intestate and left behind some property behind.

What Portion of this Intestate Property that his wife have a legal right to claim from others( Total Others are 4 members Onwe Widow Daughter In Law ( Wife of Own Son)and three married daughters.)

Will the wife be considered as Class I(One) Legal Hier and get equal right with all or Will she get 1/3 of the Portion of Intestate property as per Indian Succession Act 1925 --Section 33. ?

Actually when this Indian Succession Act 1925 is useful to us.

Request you to Pl. clarify...

Warm Regards

 



 7 Replies

P. Venu (Advocate)     07 March 2025

The querist, it appears, has wilfully tweaked the facts to set a question paper than query.

kavksatyanarayana (subregistrar/supdt.(retired))     07 March 2025

The query appears to be unwanted.

SANKARPRASAD (MNGR)     07 March 2025

Dear Venu Garu,

My intention is  only to know the difference between Indian Succession Act 1925 and Hindu Succession act. That is also in brief.

About the right of Hindu Widows on Intestate Property :  there is a discrepency in Portion of Property for what she is eligible in both laws.

And Pl. understand not to question any of the Jury Members here.

I want to know Where exactly we can use Indian Succession Act 1925 and Hindu Succession Act. And on what situations Hindus can quote Indian Succession Act 1925 ...

Hope I clarified.

Warm Regards

 

 

T. Kalaiselvan, Advocate (Advocate)     08 March 2025

This will not fall under Indian succession act because the deceased is a Hindu hence Hindu succession act only will be applicable.

As per HDA, all the mentioned by you are class I legal heirs and all are entitled to an equal share in his property.

Advocate Bhartesh goyal (advocate)     08 March 2025

Since deceased belonged to hindu brahman family so as per Hindu Succession Act deceased's all legal heirs I.e wife,daughter in law ( deceased son's wife ) and daughters are entitled to get equal share and rights in his property. 

Dr. J C Vashista (Advocate )     08 March 2025

I fully agree with the opinion and advise of learned experts, she (widow) is class-1 heir of deceased A and the intestate property shall be governed / devolve in terms of Hindu Succession Act, 1956 but not under the provisions of Indian Succession Act, 1925.

SANKARPRASAD (MNGR)     08 March 2025

Der Sirs,

Thank you verymuch for clarification.

 

Warm Regards


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