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S. K. Vaidya (Employee)     29 November 2019

Hindu succession act 1956

A hindu female inherited property from her father who died intastate leaving behind husband and two sons. Whether her husband will get share along with her children under Hindu Succession Act? Please give opinion and citiation if any.



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 10 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 November 2019

If her father died intestate and there are no other legal heirs, then only she will be the only legal heir and the property of her father devolves to her.

S. K. Vaidya (Employee)     30 November 2019

femal died. she has got the property from her father who also is not alive. her children are entitled for dhare but can her husband have share in such property which she got from her hsband 

S. K. Vaidya (Employee)     30 November 2019

sorry not from husband from he e father

S. K. Vaidya (Employee)     30 November 2019

femal died. she has got the property from her father who also is not alive. her children are entitled for dhare but can her husband have share in such property which she got from her father.

kavksatyanarayana (subregistrar/supdt.(retired))     01 December 2019

Her husband cannot get share in his fatherinlaw's property.

S. K. Vaidya (Employee)     02 December 2019

the law says in the absence of children it reverts back to the heirs of father but  not clear in case of children being her absolute property her husband can also have share  as class I heir along with children...No clear law provision is made in case female has issue and she died intestate inheriting her father property..  Her husband  urges he can  claim share under section 15 (a) defending that she has issue and property inherited became her absolute property. Its confusing. children dont want to give share to their father i.e husband of deceased female.. its okay in the absence of issue but what in the presence of children. of them 

adiga   30 January 2020

Hi vaidya.

 Thank you for your question.

What is a legal heir?

An heir is an individual or person who inherits estate or property of his or her ancestor who died without a will

Hindu Succession Act

In this act if a Hindu male dies without leaving a will under class I of Hindu succession act there is list of relatives to who the property will go. Under class II of the act specifies the list of relatives if no one from the class I of relatives is alive. So basically both the class gives the number of relatives who could be considered as legal hair

In your case female inherited the property from her father and both of them are not alive. So next legal hair for the property are the two sons      

Let me know if you have further queries

Regards

Adiga

Amritesh Mishra (Advocate)     06 June 2020

yes her husband will get share along with his children. refer section 15 of Hindu succession Act,1956.

minakshi bindhani   11 November 2021

As per your concerns!

Section 15 of the Hindu Succession Act, 1956 talks about the succession of
the property in respect of the Hindu female dying without making a will after the initiation of the Act.

According to Section 16, the property of a female Hindu shall be decent as per the rules stated in the section.

These heirs shall succeed simultaneously by sharing equally to the exclusion of other heirs as per Section 16. 

Hope it is useful!
Regards
Minakshi Bindhani

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