Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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Learner (XYZ)     07 November 2010

Hindu widow's right in ancestral property?

What would be the right of Hindu widow, whose husband sold all of his ancestral property just before his death, without any legal necessity and without leaving anything for her subsistence?

Can she challenge the sale and on what grounds?

Which law provides for her property rights in this matter?


 4 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 November 2010

At the time of sale, she might have chellenged on the ground of her future right to maintenance but now when the property has already been sold without any resistence on her part and even no time has been mentioned by you so it is near to impossible to move the wheel back. DV Act also contains the provision where even self acquired property of the husband can be stopped against its proposed disposal.

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Learner (XYZ)     08 November 2010

So thanx Mr. Makkad.

 The man died at age of 85. The sale was fraudulent and the lady, who is 70+, came to know about this sale just afterwards death of his husband. The sale occurred just few months back.

In fact, the couple had three sons. About six years back, the husband divided the whole agricultural land in four shares, one each to sons and for the forth share, he made a will in favor of his wife. But just before five days prior to his death, when he was senseless, one of the sons took the old man with him and got this sale done in his favor.

Now, we can go for ‘DV act’ relief but can this sale be undone expect on grounds of being fraudulent?

VENKATRAMAN SHRINIVAS (Tax Law consultant)     08 November 2010

The sale is perforce void, since when the property was partitioned, provision should have been made for the maintenance of the lone female member. Of-course he can change his will at any time before his death. Never the less, being a HUF property she has an inherent right , which is more pronounced in the light of the Hindu Succession Act, 2005.that cannot be over looked. She can stake her claim. At the same time, she should haved all evidences to press her claim.

1 Like

Learner (XYZ)     09 November 2010

Thanx Mr Shrinivas!

But specifically what sections provide for her rights as you mentioned?

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