• Divorced wife property after her demise

Female(wife) divorced from husband...later gave birth to one baby boy...after few days she died..the brought up of boy has done by his maternal grand mother(females mother)...after some days boy died of cancer...after some more days his maternal grand mother also died.....in this case the property which is under females name goes to whom....?..wether it will go to divorced husband or females sibilings if any??
Asked 4 years ago in Family Law
Religion: Hindu

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19 Answers

it would go to female siblings only

2) exhusband has no share in divorced wife property

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

1) The property will go to female siblings and not to the divorced husband. As husband does not have any rights after divorce.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

the same will go the sibllings of the female

the ex-husband will not have any claim on the property of the wife

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1.In the intestate ( without executing a WILL ), death of the female, the property would go to her siblings ( Brothers and Sisters ), assuming that parents are deceased.

2. When once the couple are divorced, they are independent persons and in the instant case the divorced husband has no right over the property of his deceased ex-wife's property.

Shashidhar S. Sastry
Advocate, Bangalore
4171 Answers
258 Consultations

5.0 on 5.0

Her property cannot come to you, since you do not anymore(at the time of her death) share the relationship of a husband with her.

This will go to her siblings and her father.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Class I heirs take simultaneously to the exclusion of all other heirs Heirs in the first entry of 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.

General Rules of Succession - Female Hindus

The property of a female Hindu dying intestate shall devolve:

1. firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the husband;

2. secondly upon the heirs of the husband;

3. thirdly, upon the mother and father;

4. fourthly, upon the heirs of the father; and;

5. lastly, upon the heirs of the mother

Let me explain you, your case with above points of succession.

a) Point 1 and 2 are not applicable to you.

b) Point 3 is also not applicable.

c) In your case point 4 is applicable as of now, what you narrated in the case.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1) If son died after his mother then his share would devolve on his biological father

2) Maternal grandmother share would devolve on her children ie deceased mother siblings

3) when you raise a query you must mention the sequence of dates . It helps lawyers in advising you at length

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

You will be entitled to the share of your son who demised after date of his mother. Though the share of maternal grandmother will go to her heirs(living) brother sister of your wife

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As the child was the legal heir of grand mother so father may claim the property.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

It will devolve upon siblings of wife and not on former husband. A husband has no right on former wife's property. Whoever has given you knowledge has misguided you. Since the woman is divorced the former husband had no rights on property.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi, the property shall be divided among the second or third class legal heirs of mother .. ( siblings , cousins ) .. The husband cannot claim the property of demised mother

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Yes, whosoever would come come at first place in the class one heir will get the whole property. No other will be getting anything out of it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

The females property governed by the following principles, if you wish to take a chance, you may file a suit and thereafter the persons claiming on such property may come for settlement or there are also chances of winning.

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HINDU WOMENS PROPERTY…. HOW IT DEVOLVELS

A hindu woman holds the property as an absolute owner and now she can dispose off the property as her own property. The concept of ancestral property does not apply to a property held by a hindu woman. Your maternal grandmother (naani) can will the property to anyone. However, if she dies intestate (without a will) then the property will devolve as per the rules of succession in Hindu Succession Act, specifically, section 15. In that case, the property goes to the legal heirs of the woman on her father’s side if she received the property from her father’s side and to her husband’s side if she received the property from her husband side.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Client,

Husband has no claim in divorced wife. Property will go in the hands of her siblings.

But after her death, property devolved in her child and mother, 1/2 each.

And Father is class II heir of Child. So, his share will devolve in Husband/father.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

S.15(1)(a) defines as follows:-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;

As per S.16; Rule 1 - Rule 1.―Among the heirs specified in sub-section (1) of section 15, those in one entry shall be preferred to those in any succeeding entry, and those included in the same entry shall take simultaneously.

However, S.15(2)(a) states 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 in sub-section (1) in the order specified therein, but upon the heirs of the father;

Thus, if it is inherited from her parents, then the property shall devolve upon the heirs of her father. However, if it is her self acquired property, then, the husband shall be entitled as per S.15(1)(a).

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

That is not true.

Being a ex husband no claim can be made by you

Any claim so made, will be a bad case in the eyes of law

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Once the marriage between the husband and wife is dissolved by a decree of divorce then there is no question of succession rights to either of them arises.

Therefore the properties lying in the names of the deceased shall be succeeded or inherited by their respective legal heirs or surviving legal heirs or successors interest.

In this case the succession act pertaining to her under the circumstances explained above shall operate.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If presumed that the biological father of the child is the divorced husband of the deceased wife, then the properties which devolved on the child shall devolve back on its own class I legal heirs.

Since there are no class I legal heirs, then the properties will revert to the deceased owner and the same shall devolve upon her own class II legal heirs.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

No divorced husband will not get any share until his name is is mentioned in will

Prashant Nayak
Advocate, Mumbai
27267 Answers
88 Consultations

4.4 on 5.0

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