divorced wife's share in her ex-husband's ancestral property after his death divorced wife's share in her ex-husband's ancestral property after his death

3 years ago

Husband A, Wife B. A and B got divorced. So far B has not claimed any maintenance or alimony after the divorce. A and B have a daughter from their damaged marriage. A does not have any self earned property, all he has is his ancestral inherited property. Now A has expired. My questions are,

1. Can B still claim herself as heir of A or only their daughter is the legal heir? Does she have any claim in diseased Husband's property?
2. What about the maintenance for B? Since A has died, B has to claim maintenance from her daughter or she is just at the mercy of the daughter?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi.
1. The daughter is obviously a legal heir. However, at the same time, the wife or the widow can also be a legal heir and can also take a part in the property of the deceased husband.
2. The wife can also claim maintenance from his separate property. However, upon the death of her husband, she is entitled to a one-third share of his property, the rest being divided among the children equally.
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Anik

Responded 3 years ago

View All Answers
A.Hi.
1. The daughter is obviously a legal heir. However, at the same time, the wife or the widow can also be a legal heir and can also take a part in the property of the deceased husband.
2. The wife can also claim maintenance from his separate property. However, upon the death of her husband, she is entitled to a one-third share of his property, the rest being divided among the children equally.
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