• Intestate property

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 ?
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

14 Answers

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,

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

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

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

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

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1545 Answers
5 Consultations

4.4 on 5.0

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.

 

Selva Perumal
Advocate, Chennai
339 Answers
36 Consultations

4.9 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

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.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Yes she can exclusively own the property on relinquishing of shares of her children in her favour. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

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

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

if the children willingly relinquish their share then she can have it all. otherwise all will have equal share in the same.

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

sons and daughter can relinquish there respective share in favour of widow mother through registered relinquishment deed.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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  

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer