My mother is having a property(house) in her name. She died leaving three children. My father remarried and got two children. Now he also died. Whether the widow of my father and her children has any rights in the property of my mother?
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"15(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 predeceased son or daughter) and the husband;
2) on demise of husband hisone fourthshare will devolve on his widow , children from first and second marriage
No right will accrue to the widow of your father and her children in the self acquired property of your deceased mother.
On the demise of your mother her property devolved through succession on her widower and children. The share of your father further devolved through succession on his children from first marriage, widow and children from second marriage. So the answer to your question is in affirmative.
no, she was the absolute owner of that property and it shall be devolved on her legal heir only.
Is there any case judgement decided on this. Kindly let me know the case law. I agree with Mr Shivendra Pratap Singh and Mr. Shashidhar S Sastry. I have read like this in some journal also. Thanks.
We cannot see reply posted by other lawyers on the website hence cannot comment on the same
The property that was in your mother's name shall devolve on her own legal heirs comprising her children and husband.
The widow or his children of second marriage of your deceased father are not entitled to any share out of your mother's property
However the widow and his children out of second children are entitled to an equal share out of your father's share in your mother's property and in that you and your siblings are also entitled to an equal share out of your father's share.
Is there any case judgement decided on this. Kindly let me know the case law. I agree with Mr Shivendra Pratap Singh and Mr. Shashidhar S Sastry. I have read like this in some journal also. Thanks.
The opinion given in my earlier post is the position of law and you dont require to refer to any case law to establish this position of law.