Can son's wife claim rights over his property if he passes away
12-May-2023 (In Property Law)
Father gives his flat through settlement deed to mother. Mother passes away without will. Ownership of the flat goes to father and two sons at 1/3 each. What if one of the sons pass away before the father. Does the deceased son's wife get 1/3 share?
Definely wife and children if any, will get a share in the property even if it is jointly owned. But, share will vary according to Muslim law and Hindu succession Act and again father will get a share in sons property if son pre deceases.
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In this case, all the legal heirs of the deceased son shall be equally entitled to a share out of the one-third share inherited by the deceased son. The wife alone cannot claim the entire share to the exclusion of the other legal heirs.
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