Hello,
Thanks for your advise still i want to clarify
My father expired on 1992 who is a governament employee(KEB). my mother got compassion ground job in the same department.We are three childrens Elder brother,sister and myself.My brother is married and living sepertately with his wife since his wife dont have interest to live with us.unfortunately he committed suicide.his wife not even came to his funeral.he died without issues(no childrens).my mother died just after the death of my brother. now I have applied for the claims of my mother from the department.My sister have given consent letter to the department asking to discharge the claims fully to me.
now my brothers wife sent a lawyer notice the department asking 1/3 share in all claims.I have read the hindu succession act section 15 and 16 by which she is not at all entitled.
but still im confused.my friends are telling that she is definetly entitled and asking me to go for compromise.
The thing is that the amount which is in the department is earned by my mother and she is absolute owner, neither inherited by father nor by husband nor by mother .she worked for nearly 19 years in the department of electricity .The act which i referred
Hidu Succession Act 1956
Section-15. General rules of succession in the case of female Hindus
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16:
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1)-
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
COMMENTS
Clause (a) of the sub s. (1) does not include the widow of a predeceased son and the husband of a predeceased daughter in the category of heirs. On the death of a female intestate, the daughter of the predeceased son is given the preference over the sister of her husband.-Mohindero v. Kartar Singh AIR 1991 SC 257.(ref-punjabrevenue.nic.in/hs)
Section 16. Order of succession and manner of distribution among heirs of a female Hindu
The order of succession among the heirs referred to in section 15 shall be, and the distribution of the intestate's property among those heirs shall take place, according to the following rules, namely:-
Rule 1- Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry and those including in the same entry shall take simultaneously.
Rule 2- If any son or daughter of the intestate had pre-deceased the intestate leaving his or her own children alive at the time of the intestate's death, the children of such son or daughter shall take between them the share which such son or daughter would have taken if living at the intestate's death.
Rule 3- The devolution of the property of the intestate on the heirs referred to in clauses (b), (d) and (e) of sub-section (1) and in sub section (2) of section 15 shall be in the same order and according to the same rules as would have applied if the property had been the father's or the mother's or the husband's as the case may be, and such person had died intestate in respect thereof immediately after the intestate's death.
The act, for female ClassI heirer is not found and even widow of pre deceased son not found.
More over when my brother expired she had given the statement in police station allegation my mother,Even my mother given statements in which she detailed all matters which happened and how she is physically assaulted my mother and left home.
