• Whose right comes first? Son or husband?

My mom died on 2013 leaving me and my dad behind. I am their only child (son). My mom got a land from her parents in 2010. Before my mom's death, she did not make any will. Now my dad told me that he has the first right on that land and after his death I will get the right the land. Is this right? What law says? We are hindu.
Asked 1 month ago in Property Law from Siliguri, West Bengal
Religion: Hindu

Hello,

no this is not right. Both of you will have equal share in the property. If he doesn’t give you your share then you may go ahead and file a partition suit. 

Regards

Anilesh Tewari
Advocate, New Delhi
17403 Answers
280 Consultations

5.0 on 5.0

False. Both have equal share each in land i.e. 50%. You can use/sell your share. Father has no say. Any obstruction by father is illegal.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

1. There is no such thing as "First Right" as claimed by Father.

2. Under the Hindu Succession Act, "ALL" the residual Legal Heirs of the deceased Mother, have "EQUAL" share ratio in her property, without any exceptions.

3. No single legal heir can claim entire property, IF deceased had not executed any WILL document for her properties.

Hemant Agarwal
Advocate, Mumbai
3677 Answers
19 Consultations

5.0 on 5.0

Both have equal right in the property in absence of bill by the owner of the property and there nothing like who comes first.

The property rights are available only in case of no first class legal hairs.

Vimlesh Prasad Mishra
Advocate, Lucknow
6203 Answers
19 Consultations

4.9 on 5.0

Your dad and you both have equal right to the property. You can claim partition of or title to the property.

Kallol Majumdar
Advocate, Kolkata
2067 Answers
3 Consultations

5.0 on 5.0

Sir you and your dad have equal right over the property and you shall receive equal share in the property.

As per law you can file partition suit and can get your share from father or you and father can mutually divide the property vide partition deed.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

You both has rights on the Mom inherited property as per class II list of Hindu succession act.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

On mother demise intestate you and your father have equal share in property standing in deceased mother name 

Ajay Sethi
Advocate, Mumbai
72059 Answers
4334 Consultations

5.0 on 5.0

Dear Sir, 

U may please see the following rule of Law accordingly proceed. 

Section 15 in The Hindu Succession Act, 1956

  1. 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;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

 

(2) Notwithstanding anything contained in sub-section (1),—

(a) 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 to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

 

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

Dear Sir,

Yes, first the children have the rights over mother property.

Section 15 in The Hindu Succession Act, 1956

  1. 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;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) 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 to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law 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 to in sub-section (1) in the order specified therein, but upon the

 

Netravathi Kalaskar
Advocate, Bengaluru
4591 Answers
22 Consultations

4.8 on 5.0

Ans:Both you and your father are the legal heirs to the property in the name of your mother. 

you are equally entitled to the property as your father. 

Garima Anil Mehrotra
Advocate, Mumbai
238 Answers
1 Consultation

4.9 on 5.0

Well, on the death of your mother all her property will devolve upon her legal heirs which include her children and husband  in equal shares.

So in other words you have equal share with your father in the said land and to avoid further dispute make a deed of partition .

Devajyoti Barman
Advocate, Kolkata
18599 Answers
266 Consultations

5.0 on 5.0

Hi 

In accordance to Section 15 of Hindu succession act, a women property is her absolute property and the Son and husband are class I heirs and both have equal rights

Section 15 of Hindu Succession act in case of female hindus is reproduced below for sake of better understanding. 

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;

 

So unfortunately, your father''s claim is incorrect.

Hope this information is useful. 

Rajgopalan Sripathi
Advocate, Hyderabad
1715 Answers
326 Consultations

5.0 on 5.0

- Since, your mother died without making any WILL , hence as per the provisions made in Hindu Succession Act, the property will be devolve upon :-  

1. Firstly Son, i.e.YOU

2. Then your father 

- It means your moms property will be distributed equally between you & your father.

- If he fails to give your equal share in the property , then demand your share after sending him a legal notice.

- If, no response from him , then you will have to file a Suit for Partition . 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
1617 Answers
26 Consultations

5.0 on 5.0

Both of your have equal rights in the same unless your mom has willed the same entirely in your fathers name

Prashant Nayak
Advocate, Mumbai
16701 Answers
30 Consultations

4.6 on 5.0

The property belonging to a woman goes to her sons and nobody else. Her husband doesn't have any share in it.

Regards 

Rahul Mishra
Advocate, Lucknow
6197 Answers
14 Consultations

5.0 on 5.0

The properties that were left behind by your deceased mother shall devolve equally on her legal heirs namely you and yor father.

There is no such law that he will get priority over you to avail her properties first and you can acquire them after his lifetime.

 

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

1. Nobody has any first right on the land.

2. The heirs of a Hindu female dying intestate are her husband and children. Hence, both you and your father have an equal share in the land.

3. Either of you can file a suit for partition to cull out the separate possession of your share in the land.

Ashish Davessar
Advocate, Jaipur
27476 Answers
812 Consultations

5.0 on 5.0

Your mother died intestate, husband and son both have equal share in property ..

Mohammed Mujeeb
Advocate, Hyderabad
13837 Answers
6 Consultations

4.5 on 5.0

1. As per Hindu succession act both husband and son are legal heirs of a deceased women.

2. The property of married women will devolve equally among both legal heirs. 

Mohit Kapoor
Advocate, Rohtak
6572 Answers
2 Consultations

5.0 on 5.0

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