How the property of female will be distributed when she dies intestate?
2 years ago
If a Female(w1) dies leaving behind two sons(s1,s2) and husband(h).
But later Husband remarries and from 2nd wife(w2) he had a son(s3).
5-6 years later Husband also dies now
but still the property papers is in name of Female till date.
The payment of property was done by female's(w1) father.
How will the property be distributed ?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
As per the Hindu Seccesion act the property would be divided equally among all the legal heirs, i.e., in your case Son1, Son2, and Father. Son1 and Son2 could get the legal heir certificate and get the property mutated in their name. The Wife2 and Son3 have no right in concerned property and cannot claim the same. After the father's death, his share of property would be transferred to Son1 and Son2.
Thanks
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The property of Wife 1 would be divided according to the law. it would be divided among all the legal heirs that is husband, Son1 and Son 2. That means each one of them would get 1/3 of the deceased female property. Now the Son1 and Son2 have to get the Legal heir certificate and get the property mutated in their name and have their share of the property. Also the Wife 2 and Son 3 cannot claim anything from the property of Wife 1 as per the Hindu Succession Act.
Thanks.
A.Dear Sir,
You may see the following.
Section 15 in The Hindu Succession Act, 1956
15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(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; and
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Jis time ladies ki death huai h us time uske jo uttradhikari hai vah uske do bete or husband hai. Ab property ka distribution uske beto or husband me kiya jaiga. Ab tino uttradhikari 1/3ke share ke adhikari honge. First wife ki property me second wife ke children ko koi adhikar nhi milta hai.
Yah opinion sirf residential property ke baare me hai. Agriculture property ka har satae me alag procedure hai.
Please respond
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.W1 's property after her death( in absence of Will) devolved upon her two sons S1 & S2 and her husband H. After the death of husband H, now S1 & S2 ( each having undivided half share therein) as the Owners of their biological mother's(W1's) property have to apply for Legal Heir Certificate and accordingly for mutating their names as Owners in the Record of Rights substituting their mother's name by virtue of that Legal Heir Certificate.
Please take note that W2 has no right over her husband's first wife's property and S3 being the step child has no right in W1 's property as per the Hindu Succession Act,1956,as amended up to date.
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