Harish Khanolkar 14 February 2024

Rights of relative of accused in ndps

A wife of a ndps accused can claim her rights in ancestral properly of her husband ? the accused is died ,he was been removed from the said property earlier, his death happened in another state,the same property was utilized by the accused for storage of drugs, which was also mentioned in police register

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Quick Summary

This discussion explores whether a wife of an accused in an NDPS case has rights to her husband's ancestral property, especially after his death. Generally, a wife does not have a direct claim to ancestral property; only coparceners within a Hindu joint family are entitled to inherit it. However, if the husband had a personal share in the property, the wife may be entitled to inherit that portion, irrespective of the property's involvement in the NDPS case.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 15 February 2024

A wife does not have any right to her husband's Ancestral Property. Only coparceners of Hindu joint family (Mitakshra) are entitled to inherit ancestral property, and since the wife is not a coparcener in her husband's joint family, she will not be entitled to the property.

Real Soul.... (LEGAL) 15 February 2024

If the property has share of husband the wife is entitled to whatever her husband has inherits. The property being involved in anything is seperate matter and shall not effect legacy.