Shantilal's children are entitled to claim their deceased mother's share..
Shanti lal is a widower. His wife is dead but has children. His wife's father and mother both are dead. My query is - does Shanti lal's children are legally allowed to claim their right to maternal side property ( which is ancestral not self acquired by Shanti lal's father in law ). Please note Shanti lal's late wife has brother and sister too.
I appreciate your firm answer. If you could refer any section or judgement, that would be be more convincing to explain to the other party.
A married woman has the same right to inherit her father's ancestral property as an unmarried daughter, according to the Hindu Succession (Amendment) Act of 2005
2)Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1 The Supreme Court held that a woman/daughter shall also be considered as a joint legal heir as a son and can inherit ancestral property equally as male heir, irrespective that the father was not alive before the Hindu Succession (Amendment) Act, 2005, came into effect....
Good to know. Are the children entitled to claim in the absence of their mother? since she is dead
1. It's as per the Hindu Succession Act 1956 and subsequent amendment in 2005.
2. Even though their mother is dead, her share of the property gets subdivided to her children.
Dear Client,
In the Present Scenario, Shanti Lal is a widower, whose wife has been dead, but he has surviving children. Further, both his mother and father have also been dead, but his wife has a brother and a sister. Now, the query you have is whether Shanti Lal's children can claim their right to property from the maternal side, which is an ancestral property, and not a self-acquired property. Herein, usually the children have the right to inherit their mother's ancestral property, even if the mother has been deceased. The Hindu Succession Act, 1956 governs the inheritance of property, and the share they may claim out of the ancestral property. Furthermore, since Shanti Lal's late wife had a brother and a sister, they would also be entitled to claim a share in the ancestral property, being legal heirs to the ancestral property.
Hope you find this answer beneficial for resolving the dispute.
- Since, Shanti La wife was having her right to claim her share in the ancestral property and also in the self acquired property of her father as well.
- Further, after the demise of his wife, her share can be claimed by her children.
If the parents of wife of Shantilal died intestate then his wife as one of their class I legal heirs is entitled to an equal share at par with her siblings.
In that case the legal heirs of deceased wife of Shantilal namely her husband and her children are entitled to inherit her share out of her parents properties despite the fact that it is an ancestral property or not.
Section 6 of the Hindu Succession Act of 1956 deals with the distribution of interest in coparcenary property
The 2005 amendment gave daughters legal rights and liabilities to ancestral property, treating them on par with sons.
The court has held that Section 6 can be applied retrospectively. The court considered that coparcenary rights are rights of birth and cannot be conferred at a specific point in time
Not only the children, even her husband who is also one of the legal heirs of the deceased wife is entitled to inherit her share of property
1. If Shantilal's parents in law have died intestate living behind property standing in his name, then Shantilal's wife is entitled to her share of her parents properties with her other siblings.
2. Since Shantilal's wife has demised, her legal heirs will be entitled to her share of the property in equal proportion.
1. It is well settled proposition of law found in Hindu Succession Act that daughters have equal right on their parents properties if they have died intestate.
2. Show the other party the appropriate section of the Hindu Succession Act.