• Inheritance

My brother died intestate leaving behind a childless widow. We are his brother and two sisters. Our parents are dead. He has a double storied house, car, bank balance, fixed deposits etc etc. I know that his widow is entitled to half of his property. I am also aware that she is entitled to reside in my brother's house till her death. and after her death,it is to devolve to his blood relations.

My brother had spent ten lakh rupees to renovate his wife's house which she had inherited from her parents while he spent twenty lakhs rupees to build his own house. She has let out her own house and resides in my brother's house.

I believe that a widow is given the right to reside in her husbands' house during her lifetime so that she would not become a homeless destitute. But in this case, my brother's widow has a house of her own which was renovated by my brother. So, how does the law of inheritance apply as far as dwelling place is concerned?
Asked 10 days ago in Property Law from Bangalore, Karnataka
Religion: Christian

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

 

2) she has 50 per cent share in her deceased husband property 

 

3) she can reside in said property 

 

 

Ajay Sethi
Advocate, Mumbai
63996 Answers
3895 Consultations

5.0 on 5.0

Your brother's property will devolved upon his wife. She will be the abdolute owner of such property.

Kallol Majumdar
Advocate, Kolkata
516 Answers
1 Consultation

5.0 on 5.0

Respected sir... 

Law is very simple as she have right in each and every property which is owned by your brother or which your brother has shared that may be of two types ancestral property or self acquired property... Self acquired property of your brother is completely owned by her now and she had share too in ancestral property.. 

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
912 Answers
5 Consultations

4.9 on 5.0

Dear Sir,

it will be devolved as follows

 Section 8 of Hindu Succession  Act the wife is entitled as follows: 

====================================================================

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;

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4176 Answers
102 Consultations

5.0 on 5.0

1. The wife has not only right of residence but has share in the property left by her husband. It does not make any difference whether her husband made any expenditure in building house of his wife or not. Your brother  can bear any costs on the person or property of his wife which has no relevance in her right of inheritance.

2. In other words the dwelling house and other assets left by your brother would be solely inherited by his widow and during her lifetime she can transfer this property to anyone she choose. So if you are eyeing on property of your brother then you better forget this and concentrate on your job. 

Devajyoti Barman
Advocate, Kolkata
17176 Answers
246 Consultations

5.0 on 5.0

If the said house where she resides is your brother self acquired property you don't have any rights there at all. 

Prashant Nayak
Advocate, Mumbai
10456 Answers
16 Consultations

4.8 on 5.0

See she has 50 percent share in the property and has right to reside in the property. So she cannot be.moved out of property.

Shubham Jhajharia
Advocate, Ahmedabad
17219 Answers
68 Consultations

5.0 on 5.0

As per sec 14 of HSA, she is absolute owner of inherited property, otherwise property would have resumed to her husband legal heirs.

And she is free to live in any property whether inherited from husband or self acquired.


Pathetic, didn`t go though your religion. Whatever -

Succession will open as per ISA. You siblings being kindred to deceased, will inherit half share rest half she will. Money used by him in renovation shall be consider either gift or pious obligation of husband to maintain his wife.

A widow is not entitled to property if by a valid contract made before her marriage, she has been excluded from her distributive share of her husband's estate.

I believe that a widow is given the right to reside ...... -- your mere assumption will not work, must be proved by tangible piece of evidence. . 

Yogendra Singh Rajawat
Advocate, Jaipur
11376 Answers
11 Consultations

4.6 on 5.0

The law of inheritance is very clear that the widow shall live in hr deceased husband's house till her lifetime.

There is no question of whether she is having a separate house or not and there is no mention about it in the provision of law as well, hence your question becomes infructuous.

 

T Kalaiselvan
Advocate, Vellore
53956 Answers
654 Consultations

5.0 on 5.0

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.


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.

(i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion; refr

(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.

Mohammed Mujeeb
Advocate, Hyderabad
8550 Answers
3 Consultations

4.5 on 5.0

Dear

According to law of inheritance that is Indian Succession act she entitled to get all property of your brother as sole class 1 heir of your brother

she can dispose the property as per her wish and no one can interfere with that. 

She can get all his savings and account money after providing succession certificate.

Mohit Kapoor
Advocate, Rohtak
1945 Answers

5.0 on 5.0

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