Property dispute
2 years ago
Four brothers A,B,C ,D were there. C has expired 10 years back and is survived by his wife and two daughters . D expired in April 2021. But D had no child and no wife . He has not made any will. So in D’s property will the widow of C has any right or on the property of D will only of his brothers who are alive.
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.D dwara chodi gai property me uske jivit bhayo ka equal right hoga. C ki widow ka koi right nhi hoga.
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A.Assuming you are referring to Hindu family, the Widow and children of C will have a right.
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Sidhaarth
Responded 2 years ago
A.The property shall devolve to all brothers A,B,C,D and portion of C shall go to C's legal heir.
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A.Since she belongs to Class I legal heir hence she will also get the equal right as much as the other legal heirs from the common pool. as per the Section 9 and 10 of Hindu Succession Act, 1956.
Section 9 in The Hindu Succession Act, 1956
9. Order of succession among heirs in the Schedule.—Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.
Section 10 in The Hindu Succession Act, 1956
10. Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:— Rule 1.— The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.— The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.— The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.— The distribution of the share referred to in Rule 3—
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
Section 9 in The Hindu Succession Act, 1956
9. Order of succession among heirs in the Schedule.—Among the heirs specified in the Schedule, those in class I shall take simultaneously and to the exclusion of all other heirs; those in the first entry in class II shall be preferred to those in the second entry; those in the second entry shall be preferred to those in the third entry; and so on in succession.
Section 10 in The Hindu Succession Act, 1956
10. Distribution of property among heirs in class I of the Schedule.—The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:— Rule 1.— The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.— The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.— The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.— The distribution of the share referred to in Rule 3—
(i) among the heirs in the branch of the pre-deceased son shall be so made that his widow (or widows together) and the surviving sons and daughters gets equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
In order to understand your situation properly and to ensure that proper advice is given your religion and the nature of the property at hand will be of utmost importance and the presence of your mother. However, as for your question considering the Indian Succession Act, the widow will not be entitled to the property of the brother in law however, the daughters may be entitled, according to the line of cognates.
Thank you.
In order to understand your situation properly and to ensure that proper advice is given your religion and the nature of the property at hand will be of utmost importance and the presence of your mother. However, as for your question considering the Indian Succession Act, the widow will not be entitled to the property of the brother in law however, the daughters may be entitled, according to the line of cognates.
Thank you.
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A.Hello there,
Your religion and the nature of the property at hand, as well as the presence of your mother, will be of paramount importance in order to properly grasp your situation and to guarantee that correct guidance is given. However, in response to your query, under the Indian Succession Act, the widow will not be entitled to the property of her brother-in-law, but the daughters may be.
Thank you.
Your religion and the nature of the property at hand, as well as the presence of your mother, will be of paramount importance in order to properly grasp your situation and to guarantee that correct guidance is given. However, in response to your query, under the Indian Succession Act, the widow will not be entitled to the property of her brother-in-law, but the daughters may be.
Thank you.
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Tanmoy Chattopadhyay
Responded 2 years ago
A.Unless partition has taken place its still a ancestral property and therefore the property on the death of D returns to the pool of ancestral property and from there it would follow equally among all the remaining heirs including C's widow who will take it on behalf of C.
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