Intestate succession property will inherit in all equally by 1/6th each. All have to execute release deed in her favor To make her sole owner,
Can a widow of a Hindu male, who left property intestate, with three surviving sons and two surviving daughters, inherit the property exclusively or can she own the property if all three sons and daughters willingly give up their respective shares ?
Intestate succession property will inherit in all equally by 1/6th each. All have to execute release deed in her favor To make her sole owner,
A widow of person can hold property as a legal heir of her husband along with the other legal hairs can inherited property if it is relinquished by other legal hairs by relinquishment deed in favour of her please also note that C cancel the property and she can take the property in KC is getting married again
She inherits half of the property and the other half is distributed equally amongst all children.
If all children want to relinquish their share in favor of her, she must file a petition for Succession Certificate before the civil court. Relinquishment deed to be adduced as evidence
As per the Hindu Succession Act, if a Hindu male died intestate, the property right will devole upon to his first class legal heirs, viz 1. Mother 2, Wife, 3.Son(s) and Daughter (s) and all are will have equal share in the property.
In your case is concern, if your husband's mother was predeceased him then you and your children will get equal share in the property. That means in all of you, each will get 1/6 share. Otherwise, including by his mother, each of you will get 1/7 share.
If your sons and daughters are willing to give the property in your favour, all of them have to execute a settlement deed or release deed in your favor in respect of their share is concern.
Hope, I clarified all your doubts.
widow would be absolute owner of property if her sons and daughters relinquish their shares in property .
2) i presume mother of deceased husband predeceased him
See all the legal heirs that is widow the sons and daughters has equal share. In case if the sons and daughters want to give there share to mother they can make a registered relinquishment deed.
Dear Sir,
The following information may kindly be read:
Distribution of property after death, if there is no Will
The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under:
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.
Hi
Sec.8 of Hindu Succession Act, 1956 applies to your case.
The widow along with the children are entitled to the property left behind by the Deceased.
If the children giveup their share she can become exclusive owner.
Good Luck
if the children willingly relinquish their share then she can have it all. otherwise all will have equal share in the same.
sons and daughter can relinquish there respective share in favour of widow mother through registered relinquishment deed..
1. On the intestate death of a male Hindu, his property would devolve to his mother(if alive), his wife and their children.
2. In the instant case, assuming that the deceased mother is also not alive, then the property would devolve equally to the wife of the deceased and his 3 sons and 2 daughters, i.e.,1/6th share each.
3. If the widow of the deceased wants to have sole and absolute right over the property, then her mother-in-law(if alive) and her 3 sons and 2 daughters have to execute Release Deed in favour of the widow, relinquishing their individual shares in the property. If this happens then the widow will become the sole owner of the property.
The widow along with her children is entitled for an equal share in the property left behind by her deceased husband, she cannot take away the entire property by herself.
However if other shareholders would like to relinquish their rights by executing a registered release deed in her favor, she can become an absolute owner of the entire property.
Dear
A widow with three children will not inherit the exclusive rights over the property of deceased if he dies intestate.
But she can get consent of all her children if they are major to get exclusive rights of the property and they are minor she is caretaker of complete property till children attains majority and have to get permission of court to dispose The property of her children