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Deepa   14 April 2017

Does husband has right over the wife's inherited property?

Hi, I'm planning to buy a plot. It is a resale. In the sale deed, I could see that the present owner has made a sale deed from person who is the 3rd generation. The land was originally belongs to the person, who is no more alive. His family tree is such away that, he had 4 childrens 3 daughters and one son. Out of these, son and last daughter is dies instate. The grand son got the property. From him, the present owner has made sale deed, which included, other two daughters, and kids of the died daughter, wife and daughter of died son. But the husband of the deceased daughter was not part of the sale deed. Now if I have a plan to buy this land, will the deseased female's husband can claim this property. Kindly guide me on this. I have read many artciles but it is confusing. Regards, Deepa


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 16 Replies

Kumar Doab (FIN)     14 April 2017

The query may be redrafted so as to convey a clear message.

Also clarify the 1st owner and subsequent were Hindu or from some other faith?

How did property devolve from 1st owner to 2nd: say by:

-valid WILL and subsequently WILL was acted upon by NOC from other legal heirs or probate, 

- or other mode say gift etc.

 

Kumar Doab (FIN)     14 April 2017

Generically speaking: If property is self acquired and owner is Hindu woman and dies without leaving a valid WILL then 1st right on her esttae is of; Husband,sons and daughters............

Deepa   14 April 2017

Hi,

 

To be more clear, the land from the owner is taken by government to form a layout. To compensate the nad lose from owner government has provided some % of land share to owner. 

At the time of share alottment to owner, land owner, his wife, one son and one daughter passed away. There was no WILL from anyone. Hence the land share is alotted to grandson (son of predeceased son) of land owner. 

From this grand son, the present owner has bought the plot, the sale deed executed between, present owner and First and 2nd daughter of deceased land owner, grand sons and grand daughters (son and daughter of  predeceased && son and daughter of deceased 3rd daughter). The present owner has made sure he involved everyone in sale deed, except the husband of the 3rd deceased doughter.

Now my question is does husband of deceased daughter has right over this plot? Since it is inherited property from her father, will he still claim the property? Kindly let me know.

 

 

Kumar Doab (FIN)     14 April 2017

You have not replied to:

“Also clarify the 1st owner and subsequent were Hindu or from some other faith?

Why and how and/or based on what dodument land share is allotted to Grandson only?

Kumar Doab (FIN)     14 April 2017

‘Buyer Beware’ applies to property deals.


You may engage a local counsel of unshakable repute and integrity, specializing in revenue/property/civil matters for proper legal opinion.

You may self study as much as you want.

However go for proper legal opinion from your very able counsel based on examination of each and every document related to property that you may have and you may not have.

It may cost you some fee but it shall defend your funds and interest.

Kumar Doab (FIN)     14 April 2017

Generically speaking: IN case of Hindu female if the property has devolved on Hindu woman from Father then legal heirs of father have right in the absence of sons and daughters.

 

Probably that is why the involvement of said husband was not thought as mandatorty while others were taken on board as say: ‘Consenting Witness’.

 

Let your very able local counsel of unshakable repute and integrity, specializing in revenue/property/civil matters obtain all property related docs and opine finally to you.

Deepa   14 April 2017

Hi,

 

Thanks for your valuable reply.

Generically speaking: IN case of Hindu female if the property has devolved on Hindu woman from Father then legal heirs of father have right in the absence of sons and daughters -----> This case holds good when a woman does not have daughter/son. 

But In case,when son/daughter are alive and they are also part of sale deed. But only husband is not in sale deed. In this case, does husband still claim the property ?

 

 

 

Kumar Doab (FIN)     14 April 2017

You have not replied to: “Also clarify the 1st owner and subsequent were Hindu or from some other faith?”

 

‘Buyer Beware’ applies to property deals. You may engage a local counsel of unshakable repute and integrity, specializing in revenue/property/civil matters for proper legal opinion.

 

Deepa   14 April 2017

Hi,


To answer to your question that the 1st owner and subsequent were from Hindu faith.

Regards,
Deepa U
 

Kumar Doab (FIN)     14 April 2017

In your last post you have posted that all are Hindu.

You have not responded to:” Why and how and/or based on what dodument land share is allotted to Grandson only?

The undisposed self acquired estate/property of Hindu male, in the absence of a valid WILL  devolves equally upon ClassI legal heirs i.e ; Mother , wife, sons, daughters……………………………..,

If a son/daughter is predeceased the share devolves upon his/her legal heirs.

Kumar Doab (FIN)     14 April 2017

For your academic interest, you may self study as much as you want.

 ‘Buyer Beware’ applies to property deals.

It is reiterated that: You may engage a local counsel of unshakable repute and integrity, specializing in revenue/property/civil matters for proper legal opinion.

It may cost you some fee but it shall defend your funds and interest.

Rest is upto you.

Advocate Ram Prasad (Chief Lawyer)     17 April 2017

Dont break UR head. Go for a Legal Opinion to an able Lawyer.

Kumar Doab (FIN)     17 April 2017

You have not responses to the points raised.

Generically speaking:

Until or unless all Legal heirs/successors/Co-sharers dispose their share say: relinquish/release/transfer/sell/gift etc etc in favor of said grandson.............................he can't be sole owner.

Or Until or unless the original deceased owner disposes in his life time, his self acquired estate/property, by  aq valid/registered deed  in favor of said grandson.............................he can't be sole owner.

 

If the deceased owner left a valid WILL in favor of said grandson.............................check if was duly acted upon withouit any cloud on it.

 

Kumar Doab (FIN)     17 April 2017

For your academic interest, you may self study as much as you want.  

‘Buyer Beware’ applies to property deals.

It is reiterated that: You may engage a local counsel of unshakable repute and integrity, specializing in revenue/property/civil matters for proper legal opinion.

It may cost you some fee but it shall defend your funds and interest.

Rest is upto you.

 


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