for intellectual discussion sake :
1. In the first instance, If the deceased has registered-willed his "own acquired property" in the name of his own wife, THEN the "other legal heirs" have no right on such property and partition issue becomes non-tenable.
The beneficiary wife of the deceased person, holds "absolute right" over such "self-acquired" property of her husband, IF THE DECEASED HAS NOT INCLUDED THE NAMES OF "OTHER LEGAL HEIRS" The beneficiary wife, holds absolute right to "Gift or Donate" to any third party, and the original legal heirs would have no right whatsoever on it.
Here, if the beneficiary rights to property to the "other legal heirs", WERE TO BE GIVEN, then the deceased would have mentioned it "mandatorily" in his will to fulfill conditions under the HSA Act.
2. EXAMPLE, presuming deceased will-maker has one house, as his "own acquired property"
a) deceased has two 2 sons and one wife.
b) deceased executes a registered will, bequeathing the house to his wife. Non of the legalheirs are aware of this registered will.
c) Son "XYZ" thinks (obvious) that he has legal "interest" over his fathers "own acquired" house AND that after demise of father, he will be entitled to his interest over his fathers property.
d) Son "XYZ" then makes a "relinquishment deed" in favour of his cousin "santa", relinqishing his projected & presumed right over his fathers house. Mr. Santa is happy and assured of property due to the relinquishment deed of Mr. XYZ, and even starts making dream-castles, WHICH IS NOW BASED ON his "deemed interest" in the house of father of "XYZ".
Here, A third party "deemed interest" is created.
e) Till on-date of relinquishment deed, the said property is not in name of "XYZ" who makes the deed on presumption of his guaranteed "deemed interest" under the HSA Act, on the property.
f) On demise of father, Will is opened and is found that house is lawfully "bequeated" to Mother and sons have no right over the house component. NOW this is perfectly within the parameters of the HSAct, and the son XYZ, cannot contest it and accepts it without any dispute.
i) What happens to the "relinquishment deed", of XYZ, which WAS made on presumption of "deemed interest", on his fathers house.
ii) Could XYZ, really make the deed, "without" actually having any established rights or ownership rights, just on the basis of his "deemed interest"
iii) what is the position and rights, of Mr. Santa, in whose favour the "relinquishment deed" has executed. Can Santa sue XYZ for false misrepresentations.
iv) Did XYZ, breach any laws or violated any laws.
Keep Smiling .... Hemant Agarwal