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How is the property divided after the death of the husband


12-Jan-2023 (In Property Law)

Hello sir, After husband's sudden death, how the property gets shared . Will mother in law get equal share as wife? What is the rule for a property under loan with nominee as wife. How this property gets shared? Pls explain. In both cases there is no will.

Answers (1)

Answer #1
612 votes
If the property is under loan, the bank have powers to bring the property into auction and recover the loan amount with interest in the event the loan amount is not repaid by the legal heirs whoever claim title to the property.
If the title holder of the property died intestate, his self acquired property shall devolve equally upon all his legal heirs, which as per Hindu succession Act, the class I legal heirs in succession to male Hindu are 1) His children, 2) his wife, 3) his mother;
Therefore the mother of deceased Hindu male is also his class I legal heir and entitled to an equal share in the property left behind intestate by her deceased son.

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