• Wifes rights on husband's self acquired property

Husband and Wife work together(bakery stall) for many years and build additional floors on top of self acquired property(husband's name), and also buys three additional properties in Bangalore in joint name, Husband dies intestate (sudden cardiac arrest) and there are three children - two daughters and an son. one of the Daughter is refusing to give consent for release deed and she is not in touch with parents for many years. and about eight years back, father had sold two properties (self acquired, jointly owned) and gifted the amount via deed to both the daughters.Now there is one self acquired property in husband's name and another property in joint name (recently built). 
 What is the rights of the wife as she feel cheated by the husband who did not leave will and now she has been asked to share the properties she worked hard together with husband to create with her children, Please suggest if there a way get the properties in her name.
Asked 3 years ago in Property Law
Religion: Hindu

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9 Answers

On husband demise wife has one fourth share in property 

 

daughters have equal share in property 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1. On the intestate death of the husband, his self acquired properties, as a sole owner, gets devolved to his widowed wife and 3 children in the ratio of 1/4th share each.

2. In case of jointly owned properties, in the instant case with his wife, if it were to be a joint tenancy, on the intestate death of the husband, husband's entire share in the property, i.e., 50% (unless otherwise stated in the document) gets devolved to the wife and wife becomes absolute owner of the property.

3. In the case of "Tenants in common", then on the intestate death of the husband, his share in the property gets devolved equally to his Class-1 legal heirs, i.e., deceased Husband's mother (if alive), wife and children.

4. Let the Mother convince the daughter, who is refusing to release/relinquish her share in favour of her mother by reminding the daughter, that she has already been compensated by her father, who had sold 2 properties 8 years back and had given the proceeds to his 2 daughters.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Dear Madam,

Wife and children get equal share.

 Section 8 of Hindu Succession  Act: 

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

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, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

- As per law, after the death of husband intestate , the property would be devolved upon his legal heirs i.e.wife and children equally. 

- The property which is in joint ownership , you have half and also 1/4 th share in the share of your husband as well. 

- Further, your husband was having his right to transfer the self acquired property during his life time by way of a registered gift deed in favour of his daughters. 

- However, he was having to transfer /gift only his share in the joint property and not yours without getting documents of transfer from you. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

All un WILLed property which are on deceased husband's name will get transferred on wife's name as first legal heirs as per Indian Succession Act class I heirs list.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

The property and the share of property in the jointly owned property left behind by the deceased shall devolve equally on his own legal heirs upon his intestate death. 

This is legal position which cannot be agitated for any reason. 

The wife besides her half share in the jointly owned property is entitled for a rightful share out of her deceased husband's share in the property hence without agitating over the law involved in it,  she can file a lawsuit against her other shareholders seeking partition and separate possession of her legitimate share in the property. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Mother would not get any reliefs from court 

 

it would waste of time and money 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

She is legally entitled to a legitimate share in the property left behind by her deceased husband as one of his legal heirs as a right.

She may not be successful in her claim for entire property for any reason even she is approaching court of law for relief.

Do not be under misguidance and waste, time energy and money into unnecessary litigation.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

- If mother is having proof of invested amount to purchase the property , then she can approach the court for getting owner. 

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

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