• Husband right of wife's property after her death without will

Wife got 70 cents land and house from her father by will before marriage. she died without preparing will. no Lineal Descendants. she have two sisters. who will get right of property? we are chrisians.
Asked 8 years ago in Property Law
Religion: Christian

7 answers received in 1 hour.

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11 Answers

Dear Querist

as per section 33A & 35 of Indian Succession Act 1925, the property will go to Husband.

33-A Special provision where intestate has left widow and no lineal descendants.–

(1) Where the intestate has left a widow but no lineal descendants and the net value of his property does not exceed five thousand rupees, the whole of his property shall belong to the widow.

(2) Where the net value of the property exceeds the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such party for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at 4 per cent. Per annum until payment.

(3) The provision for the widow made by this section shall be in addition and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees, with interest as aforesaid and such residue shall be distributed in accordance with the provisions of Sec.33 as if it were the whole of such intestate’s property.

(4) The net value of the property shall be ascertained by deducting from the gross value thereof all debts and all funeral and administration expenses of the intestate and all other lawful liabilities and charges to which the property shall be subject.

(5) This section shall not apply–

(a) to the property of–

(i) any Indian Christian,

(ii) any child or grandchild of any male person who is or was at the time of his death an Indian Christian, or

(iii) any person professing the Hindu, Buddhist, Sikh or Jaina religion the succession to whose property is, under Sec.24 of the Special Marriage Act, 1872 (3 of 1872), regulated by the provisions of this Act;

(b) unless the deceased dies intestate in respect of all his property.

35.Rights of widower.—A husband surviving his wife has the same rights in respect of her property if she dies intestate, as a widow has in respect of her husband’s property, if he dies intestate.

In you senerio there are two Kindred are alive as she left two sisters, hence they can claim the share in the property too.

it will be better to contact a lawyer in your area who deals in property matters.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

Hi, if she do not have any children then the husband can claim the property share as a class 1 legal heir

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Her sisters being only legal heirs are entitled ti inherit her property along with her mother, if alive.

Its not clear whether she has left behind her husband or not.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

The property of the wife will go automatically to her son or daughter. In absence of any children the hasband of the deceased wife will be the legal hair.

He will have all the rights of legal hair even if there is no will in this regard.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client,

Husband and her children have preferential succession.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If no lineal descendants have been left but other kindred are alive, one-half of the estate passes to the husbabd and the rest to the kindred.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Client,

Husband will inherit 1/3 share in the property , rest will devolve in her child 2/3.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If her father alive property goes to him for husband also

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

Hello,

As per the succession act applicableto christians 1/3rd share will go the husband and 2/3rd share will go to the sisters

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If she is married her husband and children will get the property rights.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

The husband shall be the first legal heir in the absence of lineal descendants to the deceased to succeed or acquire her intestate property

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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