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arvind gupta (prop)     28 August 2014

Hindu succession act.

what if a lady died instate within 2 years of marriage? is husband successor of her wife? there is no child. is sec 25 of hindu succession act is applicable while appeal is pending before high court?



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     28 August 2014

If the property in the name of the deceased wife is that which she has got from her parents, then it will go to the heirs of her father and not to the husband. Whether S.25 will be applicable or not would depend upon the facts of the case and what allegations are made against the husband in the case.
1 Like

Kumar Doab (FIN)     28 August 2014

Agreed with Expert Ms. Archana.

Sec;25 will depend upon facts of the case.

 

Property of a female Hindu dying without WILL shall be distributed: 

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

If the women has acquired the 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

If the women has acquired the 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


Manish (Proprietor)     29 August 2014

Prima facie it looks that the father has got the first right. It also depends on wht type of title property has I.e secured or ownership and who was paying the charges., rent ,maintenance etc.

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