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Is wife has right on ancestral property of husband
05-Apr-2023 (In Family Law)
Is wife has right on ancestral property of husband if husband had died
Dear Sir,
Yes, as per Section 8 of Hindu Marriage Act the wife is entitled as follows:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Yes, as per Section 8 of Hindu Marriage Act the wife is entitled as follows:
====================================================================
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
Helpful?
Adv. Kishan Dutt Kalaskar
Bangalore | 500+ Answers
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No sir, she doesn't have right over the ancestral property of husband. if she is having children then the the children's are entitled share of the ancestral property of husband but not wife. The wife can file suit for partition as a guardian of minor children's to get share of the children's against the parents of the husband. The wife won't get any share.
Helpful?
Adv. Bhojappa Kallihala
Bangalore | 400+ Answers
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