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Shamsheer Pal Singh Dhillon (law associate)     17 December 2009

right of hindu widow on his husbands ancestral and personal

hi there.. i have some querries and I'll be highly obliged if any1 can answer them?

1. Wat is the right of a hindu widow in his husbands ancestral and personal property?

2. Can a hindu male write his will giving no share to his wife and all the property to his son's?

3. wat is the method to revoke a P.O.A? except the filling of the revocation deed in the same office it was registered?

Thanks and Regards

Adv.Shamsheer Pal Singh Dhillon



Learning

 12 Replies

Anish goyal (Advocate)     17 December 2009

Hindu widow is a class one heir to claim properties. Hindu male has every right to exclude his wife from property by will.

(Guest)

 i)when  ancestral property  is to be given to son  by will the share of wife cannot be neglected and will can  be done upto the extent of the  share of executant of will only. Personal property can be given to son excluding wife.

ii)As POA is not a document creating any interest in the property, revocation of POA  can be done by issuing personal notice to POA holder and issuing a public notice through Advocate, about cancellation of Powers, but the POA should be without any consideration.

Arvind Singh Chauhan (advocate)     17 December 2009

I will go with Pallavi Kulkarni.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     17 December 2009

 

 

Pallavi is right

hemansu (proprietor)     25 December 2009

sir please help me,

 tel me what to do if my step mothe has put her alone name in property card and claims as she is the absolute owner of the ancestral property as there was no will by my father and how can city survey officer can put her alone name in property card.as my step mother and her son are mentally harrasing me

Adv Archana Deshmukh (Practicing Advocate)     25 December 2009

 You can challange the entry.  Also,  if you want to get your share seperated,  you can file a suit for partition and seperate possession.

hemansu (proprietor)     25 December 2009

thanks for your reply mam,

can i make a fraud case on my step mother as she has sent me a notice stating that after the death of my father when i was 9yr old i was excluded from my family and my share. and my step mother says that she was alone the absolute ownner of that property as there was no will of my father, and after the death of my father she has misguided the city survey officer that she is alone the owner of the property and has putted her alone name in the sanat and after that property card as  mul dharak ( main owner ) and when i found that, i visited the city surve office to put my name in PR CARD but they say they can only be put my name after the death of my stepmother, i have my name in 7/12. extract.     

Adv Archana Deshmukh (Practicing Advocate)     25 December 2009

  Just file a suit for partition and seperate possession. Don't worry, you'll get your share.

hemansu (proprietor)     25 December 2009

thank you very much mam,

but it may take many years for that i am occupyng 1 room in our property but my stepmother and her son are hell behind me and my family saying that this is the tenentad property and you are not my tenanat so please unoccupy the said room and i havent got any room share from my stepmother to stay in and i have requested 1 tenent to surrender the room and he surrender in my favour without any problem and dispute and my stepmother claimes the transfer money from us and she and her son occupys 2 to 3 rooms in that premises will i face any problem ?

Adv Archana Deshmukh (Practicing Advocate)     25 December 2009

 If they harrass you while you are in possession of the property,  you can seek injunction from the court  to restrain them from doing so.

hemansu (proprietor)     25 December 2009

thank you so much mam for replying back.

regards hemanshu

VIPIN SHARMA (Mob.-9610000043) (ADVOCATE)     31 December 2009

Madam Pallavi is right. I agree with her


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