How can wife get dead husbands property

703 votes

Does a widow have rights in her husband’s property?

Section 10 in The Hindu Succession Act, 1956 talks about the distribution of property in situation husband dies intestate and says that distribution of property shall take place among the heirs in class I of the Schedule wherein the Rule 1 specifically states that the intestate’s widow, or if there are more widows than one, all the widows together shall take one share.

For instance, if husband dies intestate and is survived by two widows and a son, heirs in Class I shall take the property simultaneously and to the exclusion of all others. Here according to the provisions of Rule 1 of section 10, both the widows of the husband shall take one-half share in the property of the husband and the other half shall go to his son.

In situation a husband dies intestate leaving two widows and no sons, both of them shall inherit the property equally, i.e. both of them shall be entitled to one-half share, there being no other Class I heir.

Advocate Srinivasa Kudva LawRato

741 votes

Consult a Lawyer on the civil side, file a suit for declaring that you i.e. your sister is entitled to claim the husbands property as a matter of right, as owner of the property, answer is given believing that you are a HIndu . It is always better to give clear details so that we can give correct answers.

Advocate Datar Vilas R LawRato