A hindu female inherited property from her father who died intastate leaving behind husband and two sons. Whether her husband will get share along with her children under Hindu Succession Act? Please give opinion and citiation if any.
the law says in the absence of children it reverts back to the heirs of father but not clear in case of children being her absolute property her husband can also have share as class I heir along with children...No clear law provision is made in case female has issue and she died intestate inheriting her father property.. Her husband urges he can claim share under section 15 (a) defending that she has issue and property inherited became her absolute property. Its confusing. children dont want to give share to their father i.e husband of deceased female.. its okay in the absence of issue but what in the presence of children. of them
An heir is an individual or person who inherits estate or property of his or her ancestor who died without a will
Hindu Succession Act
In this act if a Hindu male dies without leaving a will under class I of Hindu succession act there is list of relatives to who the property will go. Under class II of the act specifies the list of relatives if no one from the class I of relatives is alive. So basically both the class gives the number of relatives who could be considered as legal hair
In your case female inherited the property from her father and both of them are not alive. So next legal hair for the property are the two sons