• Can husband legal heir for wifes dad property after she die no child

My mother has passed away one year back and she left with some property.
My sister had died 35 years before, by that time she was married but she does not have any children.
Now my sister's husband is planning to send a legal notice for share in property.
Kindly advise whether my sister's husband has share in my mothers property ?

My father is alive and with us.
Asked 5 months ago in Property Law
Religion: Hindu

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13 Answers

Since your sister has died without a child her share of property does not devolve u[on her husband but returns to you.

By operation of section 15 of the Hindu Succession Act, if the female Hindu dies without any children then the property inherited from her parents returns to the heirs of her parents and does not devolve upon her husband.

So your brother in law has no right of claim in the property anymore. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

Hi, as the property was in the name of your mother. Now she dead, then her legal heirs i.e your father, yourself and your sister have right over the same. Now your sister is died her legal heirs have right over the same.

Pradeep Bharathipura
Advocate, Bangalore
5020 Answers
269 Consultations

4.5 on 5.0

1. Your sister's share in the property of your deceased mother has devolved on the legal heirs of your deceased sister.

2. Husband succeeds in entirety to the share of your deceased husband.

Ashish Davessar
Advocate, Jaipur
30646 Answers
896 Consultations

5.0 on 5.0

If your mother is reported to have died intestate then the properties left behind by her shall devolve equally on all her legal heirs.

Your deceased sister being one of the legal heirs of your mother, she is also entitled to an equal share in the property.

As your sister died long ago, all her assets and immovable properties including the share of property from your deceased mother's property shall devolve firstly upon her own class I legal heirs.

Since your brother in law is the class I legal heir to your deceased sister,he is entitled to inherit your sister's assets and her share of property out of your deceased mother's property. 

You cannot deny that, hence instead of fighting a stretched legal battle and losing it at the end, better arrive at an amicable settlement with him and go for a mutually agreed partition on the terms that have been agreed among the parties to the claim. 

T Kalaiselvan
Advocate, Vellore
72788 Answers
1111 Consultations

5.0 on 5.0

On mother demise her property would devolve on father and you 

 

your predeceased sister husband has no share in property 

Ajay Sethi
Advocate, Mumbai
82702 Answers
5254 Consultations

5.0 on 5.0

If your sister husband has performed second marriage than he do not have any share in your mother properties. If he is single than can have otherwise not.

Ganesh Kadam
Advocate, Pune
12084 Answers
136 Consultations

4.9 on 5.0

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

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Dear sir/madam,

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

Also since it is an inherited property and not the self acquired property, only the legal heirs including you have the right to own the part of the property.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

Children of the deceased (Son/ Daughter) Parents of the deceased.

Sibling of the deceased.

Hindu succession law in case of death of a female: The property of a female Hindu dying without a will shall be distributed according to the rules set out as following:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

secondly, upon the heirs  of the husband; thirdly, upon the mother and the father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

 

.

 

Dear sir/madam,

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

Also since it is an inherited property and not the self acquired property, only the legal heirs including you have the right to own the part of the property.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

Children of the deceased (Son/ Daughter) Parents of the deceased.

Sibling of the deceased.

Hindu succession law in case of death of a female: The property of a female Hindu dying without a will shall be distributed according to the rules set out as following:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

secondly, upon the heirs  of the husband; thirdly, upon the mother and the father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

 

.

 

Dear sir/madam,

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

Also since it is an inherited property and not the self acquired property, only the legal heirs including you have the right to own the part of the property.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

Children of the deceased (Son/ Daughter) Parents of the deceased.

Sibling of the deceased.

Hindu succession law in case of death of a female: The property of a female Hindu dying without a will shall be distributed according to the rules set out as following:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

secondly, upon the heirs  of the husband; thirdly, upon the mother and the father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

 

.

 

 

Dear sir/madam,

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

Also since it is an inherited property and not the self acquired property, only the legal heirs including you have the right to own the part of the property.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

Children of the deceased (Son/ Daughter) Parents of the deceased.

Sibling of the deceased.

Hindu succession law in case of death of a female: The property of a female Hindu dying without a will shall be distributed according to the rules set out as following:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

secondly, upon the heirs  of the husband; thirdly, upon the mother and the father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

Dear sir/madam,

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

Also since it is an inherited property and not the self acquired property, only the legal heirs including you have the right to own the part of the property.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

Children of the deceased (Son/ Daughter) Parents of the deceased.

Sibling of the deceased.

Hindu succession law in case of death of a female: The property of a female Hindu dying without a will shall be distributed according to the rules set out as following:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

secondly, upon the heirs  of the husband; thirdly, upon the mother and the father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

Dear sir/madam,

Usually in Hindu law only the legal heirs are entitled to get a share in the property of their parents. If your sister is no more and has not left behind any child then there would be no share that your sister's husband would be eligible for. 

Also since it is an inherited property and not the self acquired property, only the legal heirs including you have the right to own the part of the property.

The following persons are considered legal heirs and can claim a legal heir certificate under Indian Law:

Children of the deceased (Son/ Daughter) Parents of the deceased.

Sibling of the deceased.

Hindu succession law in case of death of a female: The property of a female Hindu dying without a will shall be distributed according to the rules set out as following:

Firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

secondly, upon the heirs  of the husband; thirdly, upon the mother and the father; fourthly, upon the heirs of the father; and lastly, upon the heirs of the mother.

 

 

Anik Miu
Advocate, Bangalore
1528 Answers
18 Consultations

4.9 on 5.0

As per law and without referring any judgments i am of the opinion that your sisters husband is entitled to a share.

Regards 

G.Rajaganapathy

High Court of Madras 

 

Rajaganapathy Ganesan
Advocate, Chennai
1956 Answers
8 Consultations

4.9 on 5.0

Hi 

No need to worry at all as Section 15(2) (a) of Hindu Succession Act will be applicable in your case. Section 15(2)(a) of Hindu Succession act is reproduced hereunder for your perusal.

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;

(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

 

 

So, your sister's husband does NOT have any right to claim the properties that will vest in your deceased sister share. 

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2119 Answers
394 Consultations

5.0 on 5.0

- As per law , after the death of your mother without leaving any WILL etc, he property would be devolved upon all the legal heirs i.e. your father and children including your sister equally. 

- Hence, after the death of your sister , her share can be claimed by her husband . 

- However, if your brother in law has done second marriage with other woman after the death of your sister , then he cannot claim her share . 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

No, legally your brother-in-law has no right. After your mother's death, her estate shall automatically devolve only upon her husband and son. Don't worry about any legal notice. It will be futile.

Swaminathan Neelakantan
Advocate, Coimbatore
833 Answers
14 Consultations

4.9 on 5.0

Dear Querist

as per Section 15 of Hindu Succession Act-1956, the property of the Deceased will be devolved as follow: -

. 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 heirs of the husband.

 

 

 

So as per the information provided by you, your Brother-In-Law has no share in the property of your mother.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6017 Answers
282 Consultations

4.9 on 5.0

Till the time your father is alive he cannot claim any share in the property. 

 

Regds, 

Adv. Payal 

Payal Arora
Advocate, Pune
363 Answers
18 Consultations

4.5 on 5.0

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