It is believed that deceased was Hindu.
-----“Does a Husband gets the right in the Wife's ancestral property. Assume no children for this couple and the wife dead leaving no will without any property.”
The property of a female Hindu dying without WILL gets distributed according to the set out rules:
-Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
-Secondly, upon the heirs of the husband ;
-Thirdly, upon the mother and father;
- Fourthly, upon the heirs of the father; and
- Lastly, upon the heirs of the mother .
Probably by ‘Wife's ancestral property’ you mean wealth acquired from her parent’s side i.e Father or Mother
As per Hindu Succession Laws:
>> If the woman has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters....................
Otherwise if the wealth is not acquired from her parent’s side i.e Father or Mother but from her husband;
>> If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters..........................
-----“Does adopted son will have rights in the ancestral property.”
Adopted son does not have ancestors He is a Legal heir but not natural heir.
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If a natural born son or natural/original legal heirs as per family tree is not available the ancestral property of the deceased Hindu may get transferred as if self acquired by the deceased parents of the adopted son.
Thus adopted son may get whatever property (including ancestral property) of the deceased adoptive parents.
It is felt that you have some or many peculiar situations.
It shall be appropriate to show all documents and records to a competent and experienced lawyer specializing in such matters and well versed with your line of faith/ school in Hindu law, its descent and distribution and proceed carefully under the expert advice of your lawyer.
Valuable advice of learned experts/members is sought.
