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Husband trying to claim a share in sisters property after her death.


06-Dec-2023 (In Property Law)
Hi, My Sister passed away without a will a year back.She was married without Children at the time of death. She has below property registered on her name. 1.2BHK Flat which was gifted by my mother before marriage while she was studying. 2.Share in Father's ancestral Property. My Brother in law is asking for Succession now and he wants to proceed legally. I have read as per HSA, Hindu Female dying intestate, the source of property will be used for deciding the proper heir. Could you please clarify. 1.Does he have any ownership on Property and Gold etc. 2.How to change the ownership to mother's name or my name 
Answers (2)

Answer #1
769 votes
It is pertinent to note from your facts that your sisters acquired right over immovable or movables by virtue of Gift Deed which is the absolute property of her and she had no issues.

So husband is the legal successor to the property as per general rules of succession under Hindu law.

So as a brother you have no right on the property standing in the name of married sister its only her children and husband entitled to succeed.
Answer #2
592 votes
1. Since the religion of husband is not mentioned, it is presumed that he ia also a hindu.
2. The house, gold and other valuables in the possession of the lady shall devolve upon the husband.
3. The husband of the deceased has no right in deceased's father's ancestral property.

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