• Will husband get share in property of wife's ancestral property

Sir,
A women has two children and husband.
Whether Husband will get a share in the property share of his wifes (fore fathers) ancestors property even if they have children. Kindly advise me.

Thanks 
K.Vivek kumar
Asked 10 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

7 Answers

1)during wife lifetime husband does not have share in her property .

2) on her demise her share would devolve on her husband and children

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

A property in the hands of women will be her own and absolute property in which nobody has any rights during her life time and she is also having full rights in law to dispose it in any manner to any one of her choice, she need take anyone's const regarding this.

Upon her intestate demise, the property shall first devolve on her own legal heirs first and then only if there are no class I legal heirs, the property may pass on to the class II legal heirs.

Her husband and children are her class I legal heirs.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hi sir/madam, the daughter has to get right by birth in her father's property and grand son and grand daughter will have right over the property of their ancestral property. In your matter, woman has a entitled for maintenance only from her husband, her children are entitled for share on her husband.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

The husband can not inherit the share of his wife as long as she is alive. If the wife gets her share in her lifetime then only husband can inherit the same . otherwise husband on death of his wife can not claim ancestral properties of her forefathers.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Yes, being the class-I heir of the deceased woman, the husband also will equally have right title and interest on her properties along with her children.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

No. If you are alive the husband has no right over your self acquired property or ancestral property. After the death the husband has right over your property.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

If wife dies without executing a will her husband and children will succeed to her share in the ancestral property. During her lifetime neither her husband nor children have any share in the property.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer