Property inheritance
2 years ago
If wife inherits the property from her parents, will there be any share for her husband in that property or otherwise it has to be mentioned separately in the will
A.Dear Madam,
The husband cannot claim any share in the absolute property of his wife which was acquired by her from her parents and he cannot claim any share even after her death.
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
If your wife mentions it in the will explicitly, then you will get the share. Even if she dies intestate, you are still entitled to get your share in the property. It is recommended to go through the process of will as it is easier and time saving compared to the latter.
Thank you.
Advocate Sinjari Bandyopadhyaya
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