jakkireddysureshreddy (Education) 18 December 2013

Rights of husband over the wife's ancestral property

Respected Sir,

What are the rights of HUSBAND over the WIFE''S ANCESTRAL PROPERTY.

WIFE is having some ancestral property and no children but she is having a own brother and WIFE died without leaving any will.Now the question is , who will get the rights over the WIFE'S ancestral property. i.e., whether WIFE'S BROTHER OR WIFE'S HUSBAND.

Plz advice

Regards

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1 Replies

Kumar Doab (FIN) 18 December 2013

The query has already been addressed in following thread:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=93602&offset=2#.UrFX9tIW1MA

It is believed that deceased was Hindu.

-----“Does a Husband gets the right in the Wife's ancestral property. Assume no children for this couple and the wife dead leaving no will without any property.”

The property of a female Hindu dying without WILL gets distributed according to the set out rules:

-Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
-Secondly, upon the heirs of the husband ;
-Thirdly, upon the mother and father;
- Fourthly, upon the heirs of the father; and
- Lastly, upon the heirs of the mother .

Probably by ‘Wife's ancestral property’ you mean wealth acquired from her parent’s side i.e Father or Mother

As per Hindu Succession Laws:

>> If the woman has acquired any property from his Father or Mother, in that case the first right will be of the heirs of her father and not husband, in case of absence of his sons or daughters....................

Otherwise if the wealth is not acquired from her parent’s side i.e Father or Mother but from her husband;

>> If the women has acquired any property from her Husband, in that case the first right will be of the heirs of her husband , in case of absence of his sons or daughters..........................