Rajesh (Employee) 06 May 2012

Hindu wife's share in inherited property of husband

Employees of a Public sector undertaking formed a Housing co operative society. One of the Hindu lady employees was allotted a house.The lady did not register the property as she was bed ridden.She died without making a will. Her husband also died without making a will.Now, the property was transferred by co operative society to the six children who are the legal heir of the property and registered the property in their name through deed of conveyance by the co operative society. All the 6 children are married and want to sell the property. However, one of the children's wife is objecting to it and want share for her and her two kids born from her husband. Question: 1) Does she or her kids have any right or share in the above property?. 2) Can she or her kids can file a case in court of law for any stay order? 3) Can she or her kids file a case against the person who purchases this property, claiming share in this property?4) Can she take any other legal action against the purchaser.? I plan to purchase this property from 6 children.Thanks

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 06 May 2012

Dear Mr.Rajesh,

When the mother died without will, as per law of succession automatically property got vested in her husband/father, and children in equal respects, and when property is inherited through paternal ancestors, the same is ancestral in the hands of the children. Hence children's children do have a birth right in that, though wife has none. They are having equal shares alongwith person through whom they claim. The children have equal share with their father.

In fitness of things you should seek a registered relinquishment deed from the chidlren before buying this property.

S.K.Maanav (International President International Hindu Personal Law Board) 10 May 2012

As per hindu law a wife can't get share in inherited property of her husband.

Krish (unavailable) 18 May 2012

What do you mean that a wife cannot get a share of inherited property. My father dies, without will. There are my mother, and 5 siblings remaining.weall get a sheer in twelve property. If my Rotherham dies, leaving two cchildren and a wife. Are. You saying that his wife does not get a share of the property but his two children do?