• Widow's rights on unsettled self-acquired property of husband

Husband self acquired properties in business. Died interstate without writing a will, but orally instructed to details of partition. Family details - widow, 2 sons and a daughter, all children got married. Details are
1) First / Elder son - his wife and 2 minor daughters.
2) Second son - his wife and a minor son.
3) Third Child is daughter married - her husband, a minor daughter and a minor son.

Daughter-in-laws not ready to take widows responsibility, but seeking partion of property immediately. Elder daughter-in-law asking for major share as her husband is not well off and has succeeded his fathers business, he Use to help father in carrying business activities. 2nd son is employed and daughter is a housewife.

1) Who is legally responsible to take care of widow.
2) What are legal rights of widow in partition of husbands self acquired property.
3) There are few hand loans taken by deceased, who should repay those loans.
4) out of properties owned by deceased - one of the property in place of business. Elder son is of the intention that he helped father in business, hence the same should be a part in partition. Instead the same should be transfered to him. 
5) What are the rights of Daighter in partition of property.

Requesting your forum to advise us accordingly.
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1)widow has one fourth share in her deceased husband properties

2) responsibility for repayment of loans will fall on the legal heirs in proportion to assets inherited by them

3)elder son is wrong . merely because he helped his father in business does not make him owner of said property

4) duaghter has equal share in property ie one fourth share

5) sons and daughters are equally responsible for widow mother maintenance

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1. The mother to claim maintenance can file case for maintenance against any of her sons she chooses. So each son is individually responsible to provide maintenance to his mother.

2. On death of her husband each son, daughter and widow will get undivided equal share in the property. In other words share of widow is no less than her son's or daughter.

3. Burden of loan would be equally divided among all the children and widow.

4. In absence of any tangible proof of major contribution of any son, all the property and business is liable for partition in equal share among all legal heirs. Hence resolve this issue amicably.

5. Daughter has equal share with her brothers and mother.

If no consensus occurs to divide the property equally then suit for partition remains only option.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Dear Querist

as per section 8 to 10 of Hindu Succession Act-1956 as amended 2005 the property will be devided.

read the below mention sections.

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

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.

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.

My opinion on your queries are as Under:

1) Who is legally responsible to take care of widow.

Opinion: If widow has not source of income and she is unable to maintain herself then all the children have responsible and she may file a maintenance case against all of them and claim maintenance u/s 125 of Cr.p.C.

2) What are legal rights of widow in partition of husbands self acquired property.

Opinion:- Rule 1 of Section 10 of Hindu Succession Act.

3) There are few hand loans taken by deceased, who should repay those loans.

opinion: Loan should be paid by all the shareholder of the deceased from his properties or business.

4) out of properties owned by deceased - one of the property in place of business. Elder son is of the intention that he helped father in business, hence the same should be a part in partition. Instead the same should be transfered to him.

Opinion: All properties including business shall be divided.

5) What are the rights of Daughter in partition of property.

Opinion: Equal rights as the son, if the father died after 2005's amendment.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1.& 2. All the sons are legally bound to maintain their mother and they will be in trouble if the mother files a 125 case against them. she can also refuse to acknowledge the oral will as claimed by her sons/daughters and in that case, the property of her deceased husband will be partitioned amongst the legal heirs of her deceased husband being herself, her sons and her daughters.

3. The repayment of the hand loans shall have to be made from the properties of the deceased person before the same is partitioned.

4. All the properties including ownership (assets and liabilities) of the business of the deceased person will be equally inherited by all the legal heirs of the said deceased person irrespective of who was looking after the business or helping the father to run the said business.

5. Daughters have equal right with other legal heirs being their mother and brothers.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Hi

1) Sons are legally responsible for taking care of the widowed mother

2) Mother has equal rights as Sons and daughter in claiming the properties of the deceased husband as she is class I heir in accordance to Hindu succession act.

3) The property of the father will be divided equally among'st Widow, 2son's and the daughter.

4) So totally there will be 4 shares.

5) All of the inheritors( Widow, 2 sons and daughter) will have to equally share the debts also.

6) So first the debts will be settled from the properties of the Deceased husband and the balance of the properties will vest in 4 equal shares.

7) Business of father WILL also be divisible in to equal shares. However as a good will gesture and out of love and affection, the eldest son can be granted an additional share by the remaining heirs.

8) Daughter has equal rights as the Son(s) subsequent to passage of Hindu Succession Act in the year 1956 and also in accordance to the amendment of Hindu succession act by Andhra pradesh in 1986.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

The question is about the widow's share in her husband's property who is reported to have died intestate.

Well she is entitled to n equal share in the property to that of her children.

She can seek partition and separate possession of her share in the properties left intestate by her deceased husband.

Taking care of her shall be responsibility of her children, she can file maintenance case agaisnt all her children under section 25 cr.pc.

The liability of loan repayment shall be a collective responsibility of all the legal heirs who acquire the properties left behind by the deceased.

Daughter is also entitled to an equal share in the property of her deceased father.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. The children of widow are bound to take care of her during her lifetime. This is a duty which is legally enforceable through section 125 CrPC by the widow.

2. On the demise of this man his properties, self acquired and separate, devolved through succession on his widow and all children including daughters. The widow has an equal share in all the properties of her deceased husband, which she can cull out through a suit for partition in the competent civil court.

3. The liability to repay the loans of the deceased falls equally on all the legal heirs. The lender can sue all the legal heirs in a suit for recovery of money.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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