Son is eqaul owner of everything she left. And her share in property will go to son and husband equally - half each.
Husband can claim him and child.
Dear Sirs, Greeting of the day! My name is vivek - i would like to know the below . my sister passed away couple of yrs ago.has one son - her husband claim on all her bank account - which is understood as his name is on the heirs certificate. is he supposed to give a share to the son?? our ancestral property is not partitioned - my sisters share will be given to my nephew . can the husband claim on this too ? i would highly appreciate if an advised is received. thank you and regards . vivek
Son is eqaul owner of everything she left. And her share in property will go to son and husband equally - half each.
Husband can claim him and child.
On sister demise her husband and son have equal share in money lying in her bank accounts , her fixed deposits and other assets
2) your sister share in property would also devolve on her husband and son
1. Your nephew is entitled to a share in his mother's bank account proceeds, in case your sister died intestate (without executing a WILL).
2. If on the other hand, if your sister had executed a WILL and named beneficiaries in bequeathing her money and property, then it will go to the beneficiaries stated by her in her WILL.
3. The ancestral property can be given to the nephew and your sister's husband will not have a claim on his deceased wife's ancestral property.
1. Son is entitled to his share in the father's property,
2. the father cannot claim the property from the son, which he gets out of the mother's share
If ancestral property is undivided than he can't claim if you want to sale or divided it than husband can claim and her son do have share in the property.
Hi
Yes her husband can claim. Better you transfer your sister's share directly to the nephew on your own.
Thanks
Yes he is required to give equal share to the son.
Yes the husband can claim property the as he is rightful heir of the sister.
- As per the Hindu Succession Act, if a Hindu woman passes away - All her acquired properties (Movable or immovable) shall be inherited by her legal heirs .
- Hence after the demise of your sister ,her assets/bank account amount will be equally distributed between her son and husband. and similarly the share from the undivided ancestral property will also distributed.
- Further , her husband cannot sell the share of the minor without getting permission from the Court.
1. Your nephew and his father will equally inherit all the properties standing in the name of your late sister.
2. The same rule is applicable for her share of her paternal properties also.
Dear Vivek,
The answer to your first query is yes. He is supposed to give a share to the son.
The answer to your second query is again yes. Her husband can claim on this too?
As per law, upon your sister reported to have died intestate, all the properties that are lying on her name and the properties that she is entitled from her father side shall devolve on hr own legal heirs consisting her husband and the child.
Her husband is entitled to half share in all her properties including the movable properties.
You cannot legally stop your brother in law from claiming or inheriting his legitimate share in the proeprty that belonged to your deceased sister.
1. If your sister passed away intestate then all her assets, movable and immovable, have devolved on her husband and children equally. Husband is not the only heir to your deceased sister. You can as the next friend of your nephew file a suit for partition of the property of your deceased sister to preserve the share of your nephew.
2. The share of your sister in the ancestral property also devolves on her husband and son.
1. Husband & Child, both are entitled to EQUAL share in ALL the properties of Sister, PROVIDED sister did not make any WILL.
2. Ancestral Property can be partitioned and Sister's share can be registered ONLY in name of Sister's son, without any claim or reference to Sister's Husband.
3. IF Child is Minor, THEN a Husband (being a biological father) shall be the Guardian (till major age of child), ELSE a Civil Court petition also can be moved to appoint somebody else as "Legal Representative" of minor Child, for specific purpose of holding all Assets that maybe in name of Minor child.
in ancestral property husband has no inheritance right. Only if she had child/ren, than only husband could have share along with children.
1. Yes he is suppose to give share to your sister's son as he is also legal heir of your sister.
2. Yes husband can claim share from ancestral property of your sister as her legal heir along with your nephew.