• 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 1 year ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
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
23079 Answers
1212 Consultations
5.0 on 5.0
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
13894 Answers
127 Consultations
5.0 on 5.0
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
262 Answers
3 Consultations
3.8 on 5.0
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
5131 Answers
54 Consultations
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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
12027 Answers
226 Consultations
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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
1905 Answers
19 Consultations
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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
18049 Answers
444 Consultations
5.0 on 5.0

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