• Can wife's husband claim her father's property after she dies when there are no children

We have an agriculture land in Tamilnadu as my father recently transferred / registered complete property through partition deed to My name and he take the cash as his partition.

I had a sister who died 32 years before and she was married , However there is no children for her. Now thasildar is denying to transfer the patta to my name from my father name Stating that my sister's husband also has share in property and we didn't consider or get concurrence while property is transferred.

My sister's husband does not ask for any share till now. Sister's husband got 2nd marriage and he is living separately.

Kindly advise whether my sister's husband has rights on our property ?

Note : Patta is in my father name for passed 55 plus years
This property comes from my father's grandfather by partition between theirs brothers , Is this ancestral property or Self acquired ?
Asked 21 days ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu

father is at liberty transfer property in your name 

 

2) it is not ancestral property as far as your father is concerned 

 

3) property which has remained undivided for 4 generations si ancestral property 

 

 

4) sister husband has no share in property 

Ajay Sethi
Advocate, Mumbai
68775 Answers
4139 Consultations

5.0 on 5.0

Property in ancestral but husband has no inheritance right. Only if she had child/ren, than only husband could  have share along with children. And sister died long back, at that time grand daughter had no coparcenary right in ancestral property.

 Show him (Tehsildar) provisions of Hindu succession act.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
14414 Answers
19 Consultations

4.6 on 5.0

This is ancestral property and you have to insert your sister's husband name on the property and get the relinquish deed or gift deed transfer on your name.

 

There will be 3 shares in the property father's, yours and sister.

Ganesh Kadam
Advocate, Pune
8142 Answers
68 Consultations

4.9 on 5.0

Need all the details of transfer by dates.

Anyway, as per the details as you have shared, I give my suggestion.

1. When the property was partitioned between the brothers then it will become a separate properties of the concerned brothers and it will loss its status of ancestral property. After getting partition, your father got patta in his name and it become your father's separate property. Therefore, your father can settle or alienate the property to who he wants. The deed executed by your father is valid one.

2. When no share is allotted to your sister, he husband will not get right to claim share in the property.

3. Your sister's husband will get right on her self acquired property or the property allotted to her, if any subsisting ...

 

 

Selva Perumal
Advocate, Chennai
287 Answers
30 Consultations

4.9 on 5.0

Your sister's husband is not entitled to a share. It is ancestral property .

Regards 

G.Rajaganapathy 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
1578 Answers
8 Consultations

4.9 on 5.0

It is not ancestral property. In order to call it ancestral property the property should be in tact for four generations without any division.

Your father can deal with his share of property as he likes.

Your sister's husband has no share in the said property.

The Thasildar cannot deny unilaterally.  Demand him to give his objections in writing, upon getting the same you can question its veracity.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
949 Answers
6 Consultations

5.0 on 5.0

See if it is ancestral proeprty her husband has right in same , you need a relinquishment deed from the husband of deceased husband. 

Though as per your information the property is partitioned therefore it is not an ancestral proeprty.  In your case father can freely transfer same to your name. If tehsildar deny file before collector to get order for patta.

Shubham Jhajharia
Advocate, Ahmedabad
20700 Answers
80 Consultations

5.0 on 5.0

1.  Take an notary registered affidavit and indemnity bond from Sister's Husband releasing /relinquishing all his rights perpetually, in your favor.

2.  Apply to the Revenue office, alongwith the above, for proper transfer /mutation to your name.

Hemant Agarwal
Advocate, Mumbai
2786 Answers
16 Consultations

5.0 on 5.0

Ancestral property cannot be transferred without the no objection certificate of all the coparceners property as your sister even if she was married had her share ine the property and after the death without issues her husband is the legal hair of all the properties of his wife after her death he can claim the share in the property and challenge the partition deed please be aware that this is applicable only in the case of ancestral properties and if your father has partition the property which is a ancestral nature then and this this is a  possibility.

Vimlesh Prasad Mishra
Advocate, Lucknow
5639 Answers
19 Consultations

4.9 on 5.0

Greetings!

It's an ancestral property and even your sister husband holds the right into the said property and one portion to be given to him or some part portion of amount if he considers.

Ayesha Sultana
Advocate, Bengaluru
152 Answers

Not rated

your sister husband has no share in said property. 

 

Mohammed Mujeeb
Advocate, Hyderabad
11519 Answers
4 Consultations

4.5 on 5.0

Your sister had a share and after her her children but she has none.

Her husband has absolutely no share in the property. Tell the tehsildar to pass an order and challenge it before appropriate authorities.

Regards 

Rahul Mishra
Advocate, Lucknow
4941 Answers
11 Consultations

5.0 on 5.0

- As per law, When the division/partition happens, it becomes the self-acquired property and not ancestral property. 

- Since, the said property came to your father by way of partitiion , then it becomes a self acquired property.

- Further, No son or daughter has legal right over the self acquired property of his father . It is entirely the father’s property and it is upon his wish how he wants to transfer or not transfer it. Even the grandson has no rights over the self acquired property of his grandfather.  

- Since, your father transfer the said agriculture land through partition deed in your name , hence it becomes now your self acquired property, and noone can claim right over the same, including your sister , her husband etc.

- If, the tahsildar has refused to transfer the patta in your name, then you should approach before the Revenue Divisional Officer, for the same , after stating that the said property is self acquired property and not an ancestral property .

- On refusal , you will have to file a Writ petition. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
964 Answers
19 Consultations

5.0 on 5.0

If this property was acquired by your father through a partition deed from a family partition among his siblings then it becomes his own and absolute property.

This cannot be considered as an ancestral property.

The Tahsildar cannot decide about this on the grounds what he relies upon,.

The Tahsildar should update his legal knowledge especially about the legal heirs.

There is no question of legal heirs or successors in interest to a living person.

Your father is living and he decides to give away his proeprty to anyone of his choice, hence there is no question of any legal heir claiming any share in the property which is his own and absolute property.

Your sister cannot become a legal heir to your father nor you especially during his lifetime, hence the Tahsildar cannot object to transfer the patta to your name after you producing a registered document indicating your title to the property in it.

You first ask the Tahsildar to deny the transfer of patta to your name in writing quoting the relevant laws, if he does not then dont worry about it, you can approach the RDO or the District collector with a complaint against the Tahsildar seeking their intervention to direct the Tahsildar to transfer the Patta to your name. You may mention the relevant laws which authorises the Tahsildar to issue the Patta without demanding the NOC from an irrelevant person.

After that also if you dont get a proper justice or result in your favor you may  initiate steps to get the same through court of law.

T Kalaiselvan
Advocate, Vellore
58597 Answers
742 Consultations

5.0 on 5.0

Dear Sir,

Husband can’t inherit wife’s property if she dies without bearing children, says HC

The Bombay High Court recently ruled that the property inherited by a Hindu woman will not go to her husband in the absence of her not having her own children as per the Hindu Succession Act.

A Bench of Justice Shalini Phansalkar Joshi was hearing a plea filed by the stepchildren and relatives of Sundarabai 56 years after she died. They challenged an order passed on November 28, 2016 by the second joint civil judge junior division, Pune, which ruled against handing over the properties of Sundarabai to her stepchildren.

The children born to Sundarabai’s husband’s second wife had claimed their share in the property by stating that they are her children too as she does not have her own children.

According to Section 15 (2) of the Hindu Succession Act “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 not upon the legal heirs of the father”. The court said that this provision clearly excludes the husband from inheriting the property received by a Hindu woman from her parents if she does not have children or dies ‘issueless’.

The trial court had also accepted that the stepchildren could not claim any share in the properties inherited by Sundarabai and rejected their plea.

The High Court said, “Since Sundarabai has died issueless and in such a situation, in the absence of her son or daughter, her husband also cannot inherit her property and the property will devolve upon the legal heirs of her father.

“Since her husband is not the legal heir of her father, he cannot get any share in Sundarabai’s property. He has no cause to file a suit for partition of Sundarabai's property.”

 

 

Netravathi Kalaskar
Advocate, Bengaluru
3667 Answers
18 Consultations

5.0 on 5.0

He can only claim his wife's share in the said property if the father died intestate

Prashant Nayak
Advocate, Mumbai
14277 Answers
24 Consultations

4.6 on 5.0

The property will be considered as self acquired property because it comes to your father name by way of partition between brothers. 

Tehsildar cannot deny the transfer. 

You should file suit for mandatory injunction against tehsildar for transfer of property on your name in patta. 

Mohit Kapoor
Advocate, Rohtak
4620 Answers
1 Consultation

5.0 on 5.0

As your grandfather obtained his share through a partition, the property lost the ancestral character and became his absolute one. The family settlement executed between you and your father is perfectly valid. Your sister's husband shall not have any claim. 

Swaminathan Neelakantan
Advocate, Coimbatore
583 Answers
4 Consultations

4.9 on 5.0

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