Property disputes after marriaf Property disputes after marriaf

2 years ago

My niece got married 5 years ago.At the time of marriage, her father gave 2 acres land to her.This land purchased from X person and directly registed to her.(without registered on father's name). Last year my niece passed away and she doesn't have children.Her parents asking for return that 2 acres land back. But they are refusing to return back. Please let me know if her parents get that property.

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.Her parents will not get land.
Her husband will only get it.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Her father get it.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.As per the Succession laws after the death of a woman the husband and the children becomes the successor of her property. Since she doesn't have child hence the property will devolve to her husband. Unless he transfers it back to her father through deed he won't get it.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
If a female Hindu dies intestate then succession is according to Section 15 and the children and husband are legal heirs. You cannot get the property back unless the legal heirs of the niece agree to transfer the property to her parents.

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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If a Hindu woman dies intestate, her children and husband are the legal heirs, according to Section 15. You will not be able to reclaim the property unless the husband willingly transfers it to you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
It will be reverted back to her parents as per following provisions of law.

15. General rules of succession in the case of female Hindus.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father
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