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vishwakarma (legal manager)     13 November 2009

Right of wife in the property of her deceased husband-

Dear Colleagues,

 I have a query in respect of right of a wife in respect of her expired husband. In this case wife is willing to re-marry and at the same time also want the share in the property of her husband. I would like to know your valuable opinions in this case under two heads:-

  1. what could be her rights in respect of property inherited by her husband?
  2. what could be right in self created property by her husband?

Regards



Learning

 10 Replies

nkrvetrivel (Lawyer)     15 November 2009

As per the Hindu succession act the wife can claim share in husbands property , even she

marrys again

fateh karan (advocate)     16 November 2009

parental property 270 bigha agri land one daughter married  she was gifted 100 bigha  land 45 yr ago . 170 bigha mutated in wifes name 35 years back after husbands death . can she sale or not

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     18 November 2009

 

Fateh ji, if it is in the name of wife then she can sale no problem at all.
Regards

fateh karan (advocate)     18 November 2009

now wife dead left registerd will .will registerd 24 year ago in favour to nephw for old age service .now daughter claim for land.what is legal position

nkrvetrivel (Lawyer)     19 November 2009

fateh ji. will is registered in favour of the nepw, now daughter cannot claim share in the property, unless it is proved illegal.

fateh karan (advocate)     19 November 2009

daughter claiming on the basis that mutation in favour of mother of year 1975 was wrong and she should have also given half land of his father.gift of 100 bigha she got was her personel property and should be ignored.she got married 55 yr back . mutation of mother challenged after 32years .mother remained absolute owner of land with mutation for 32 yrs .mutation of mother challenged after one year of her death . daughter have not challenged registerd will of year 1984.kindly advise.land will go to will holder or to daughter.if to will holder than under what laws.and todaughter than under what laws.

fateh karan (advocate)     22 November 2009

sir you are not repliying why so

fateh karan (advocate)     01 December 2009

Originally posted by :fateh karan
"    


 

fateh karan (advocate)     01 December 2009

Originally posted by :fateh karan
" daughter claiming on the basis that mutation in favour of mother of year 1975 was wrong and she should have also given half land of his father.gift of 100 bigha she got was her personel property and should be ignored.she got married 55 yr back . mutation of mother challenged after 32years .mother remained absolute owner of land with mutation for 32 yrs .mutation of mother challenged after one year of her death . daughter have not challenged registerd will of year 1984.kindly advise.land will go to will holder or to daughter.if to will holder than under what laws.and todaughter than under what laws. "


 

Daksh (Student)     02 January 2010

Dear Mr.Vishkarma,

You have not mentioned whether there are another living relatives or the husband.  As per the law of succession the division of the property has to take place as per class I and Class II heir see schedule with succession act which might be helpful in this regard

Thanks and best regards

Daksh


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