After divorce she can't claim ancestral property if she has been given maintenance and alimony from husband. But your children will be class 1 heir of the ancestral property and can claim the same
Ancestral property from deceased husband and divorced wife and married daughter
If husband dies without a will and divorced wife and their daughter never involved in deceased husband/father care. The current legally married wife took care of her husband bared all medical expenses for 30 years and step daughter refused to visit dying father and finally visits for funeral and claims ancestral property. How Hindu law constitutes in this situation. Thanks in advance for your reply!
Asked 3 years ago in Property Law
Religion: Hindu
6 Answers
The ancestral property is in deceased husband's name and to be transferred to thw widow of deceased husband. What is the procedure to transfer the property?
Asked 3 years ago
On husband demise daughter from first marriage and second wife are legal heirs and would have equal share in property
It cannot be transferred in widow name only
it has to be transferred in name of widow and step daughter
apply for mutation of property in name of legal heirs
enclose father death certificate,latest receipt of payment of property taxes
if no objections are received mutation would be done in name of legal heirs
Dear Client,
Under Hindu Law, the wife has a right to inherit the property of her husband only after his death if he dies intestate. Hindu Succession Act, 1956 describes legal heirs of a male dying intestate and the wife is included in the Class I heirs, and she inherits equally with other legal heirs.According to Hindu Undivided Family laws, the ancestral property belongs to the coparcenars only. As per the law, the wife is not counted among the coparcenars.However, if the wife inherits property from the husband legally, she can claim the husband's ancestral property.Where property is executed through the succession laws.Partition deed or Panchnama deed executed among the legal heirs, Succession Certificate, No-obligation certificate from the other successors/heirs along with the affidavit, lineage list certificate, identity proof of the heirs on which the title of the property shall be transferred and other such documents as required by the respective state government.
Thanks & Regards
The personal dispute between the daughter and the deceased father will not dis-entitle the daughter from claiming her rights for an equal share as a legal heir/successor in interest to the deceased who is reported to have died intestate.
She will entitled to a rightful share out of her deceased father's properties.
The current wife cannot transfer the entire property of her deceased husband.
Shoe would be entitled to one equal share out of the properties left behind by her deceased husband at par with the other legal heirs
Thus after proper partition of the properties, she may be able to get her share of property mutated to her name through the revenue department.