Does a married women have rights in her paternal uncle property

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The property of the male Hindu dying intestate shall devolve in the following manner
1. Firstly upon all the heirs, being the relatives specified in Class I;
2. Secondly, if there is no heir of Class I, then upon heirs being the relatives specified in Class II;

CLASS Ist HEIRS: Son, Daughter, Widow, Mother, Son of a predeceased son, Daughter of predeceased son, Widow of predeceased son, Son of a predeceased daughter, Daughter of predeceased daughter, Son of predeceased so of predeceased son, Daughter of predeceased son of a predeceased son, Widow of predeceased son of a predeceased son

CLASS IInd HEIRS:
I. Father,
II. (i) Son’s daughter’s son, (ii) son’s daughter’s daughter, (iii) brother, (iv) sister,
III. (i) Daughter’s son’s son, (ii) daughter’s son’s daughter, (iii) daughter’
daughter’s son, (iv) daughter’s daughter’s daughter.
IV. (i) Brother’s son, (ii) sister’s son, (iii) brother’s daughter, (iv) sister’s daughter.
V. Father’s father; father’s mother.
VI. Father’s widow; brother’s widow.
VII. Father’s brother; father’s sister.
VIII. Mother’s father; mother’s mother
IX. Mother’s brother; mother’s sister.

In your case, since your wife's uncle did not have any class I heirs who survived him at the time of his death and if your wife's uncle's father was also not alive at that time, then his brothers and sisters will inherit his estate simultaneously and in equal shares. And if there is no brother and sister surviving then the sons and daughters of such brother and sister of your uncle i.e. your wife will have the right over the property of her uncle if there is no other claimer.

A petition for Succession Certificate (movable property) and Letter of Administration (immovable property) needs to be filed by your wife before the District Court / High Court within whose jurisdiction the asset falls. The court, after examining the petition, issues a notice to all those concerned. It also issues a notice in a newspaper and specifies a time frame (usually one-and-a-half months) within which anyone who has objections may raise them. If no one contests the notice and the court is satisfied, it passes an order to issue a succession certificate to the petitioner. The procedure is simple. In case you need any further guidance you can contact me.

Note: (a) A Succession Certificate is not granted in cases where obtaining a Probate or Letter of Administration is necessary such as when there is a valid will.
(b) For movable property like the provident fund, bank deposits, shares, loans, or other securities, the succession certificate is required.
(c) For immovable property like land or jewellery, one has to produce the letter of administration in support of his or her claim.

Advocate Robert D Rozario LawRato