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Ganesh (Senior Engineer)     13 December 2009

Do widowers have any right over the ancestral property of hi

A deceased hindu woman, in Tamil Nadu has left behind certain property devolved on her by her mother who is also no more.She is survived by her husband, one son and two daughters. I am purchasing this property. Would it be sufficient for the son and daughters to sign the deed as sellers and husband as witness or should the husband also sign as a seller? 



Learning

 13 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 December 2009

The  husband, son and daughters all are the heirs of the deceased woman. So all should sign as sellers.

Ganesh (Senior Engineer)     13 December 2009

 Thank you very much for the clear reply.

Kiran Kumar (Lawyer)     13 December 2009

i find concurrence with the opinion given by Archana Ji.

1 Like

K Satyanarayana (Lawyer)     13 December 2009

I also agree with Archana

1 Like

Suryakiran (clerk)     14 December 2009

Hi everybody,

my query is similar to that of Suresh, pls clarify

my brother in law has died three years back, my sister and her two sons are staying with mother-in law and father in law in the house constructed by him.  My BIL is second son.  After his death, who are the legal heirs of the property which he earned?  Whether any consent is required from MIL or FIL if she wants to sell or rent the property and how much share goes to the inlaws? Is any thing to be given for maintenance if she gets monthly income from that property?

Adv Archana Deshmukh (Practicing Advocate)     14 December 2009

The property of your brother in law shall devolve upon the class I heirs,  i.e. your sister, her 2 sons and her mother-in law.  All the heirs shall have equal shares, i.e. 1/4 each.  If your sister wants to sell or rent the property, then legally speaking 1/4  share goes to her mother-in law.

Suryakiran (clerk)     14 December 2009

Thanks archana ji,

but Mother in law is having two other sons who are well settled, but they are staying with my sister and harassing her small small things.  is it compulsory to give share to MIL if any sale of property,whether it is legal or logical

Adv Archana Deshmukh (Practicing Advocate)     14 December 2009

 It is the law Suryakiran, not logic.  As per the Hindu Succession Act, the property of a male hindu dying intestate shall firstly devolve upon the class I heirs mentioned in the schedule. And besides wife and children, mother is also mentioned as one of the legal heir.  Whether the mother of the deceased is having other sons is totally irrelevant.

Suryakiran (clerk)     14 December 2009

After the demise of my BIL, a lot of debt has been cleared by my sister and nobody from inlaws helped.  then how can they become part of the income.  can my sister claim the part of the debt which is already cleared?

rajkumar.vnm.marupeddi (advocate)     20 December 2009

Mr.Suryakiran, the creditors of deceased person can legally proceed against Estate of the deceased person. If your sister proves the discharge of debts contracted by your BIL, she can seek for the partition of the deceased assets and liabilities. But it all depends on the facts and circumstances of the case.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     03 January 2010

Please go to supreme court website and download the Hindu Succession Act.. then everything will be clear to you. if you deprive one from his/her legal claim , he/she may claim it in future. -akg

 

Ganesh (Senior Engineer)     05 January 2010

Thanks again for the reply. Requesting a further clarification. The property of the hindu women (let's say "Ponmani") in question had been undivided till her death. One of the daughters (let's say "Bharghavi") has predeceased her and the property of "Ponmani" is being sold after her death by her surving sons and daughters and sons and daughters of "Bharghavi". In this case whether the husband of "Bharghavi" has any right to the property? Can you please clarify?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     08 January 2010

till "Bharghavi" isalive the said property is her stridhan ie womans exclusively own property and she poses the absolute right on the property but lf  "Bharghavi" expired, then the property will be devided into her husband and children. therefore if "Bharghavi" is dead her husband is owener of one part. but if divorce completed between "Bharghavi" and her husband, then husband is no more an owener.

Find the status of the said husbad, if he alive and legal divorce not there then he has the right on property.


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