Property dispute after husbands death

864 votes

Dear Client, If husband has expired without will then you have to file case before the court to get Succession Certificate and accordingly, if their is dispute between parties, calss 1 legal heirs will get the property. The Hindu Succession Act groups the heirs of a male Hindu into four categories and lays down that his/her inheritable property devolves firstly upon the heirs specified in Class I which are as under: Sons Daughters 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 Son of a predeceased daughter of a predeceased daughter Daughter of a deceased daughter of a predeceased daughter Daughter of a predeceased son of a predeceased daughter Daughter of a predeceased daughter of predeceased son All these heirs inherit simultaneously and to the exclusion of other heirs. In the absence of any of the heirs in this category, the property devolves upon the enumerated heirs specified in class II. Class 2 Heirs The devolution in Class II heirs is made in the absence of any heir in Class I and in such a manner that heirs specified in a particular entry share equally. For this purpose if more than one heir is specified in a single entry, they share the property simultaneously and equally to the exclusion of those specified in subsequent entries. Class 2 heirs include: Father Sons daughter’s son Sons daughter’s daughter Brother Sister Daughters son’s son Daughters son’s daughter Daughters daughter’s son Daughters Daughter’s daughter Brothers son Sisters son Brothers daughter Sisters daughter Fathers father Fathers mother Fathers widow Brothers widow Fathers brother Fathers sister Mothers father Mothers mother Mothers brother Mothers sister Agnates In case a hindu male passes away intestate and leaves no class 1 or class 2 heirs, then the property would devolve on agnates. A person is said to be an agnate of another if the two are related by blood or adoption wholly through males. Agnate relationship does not extend to relationship by marriage and is restricted to relationship by blood. Also, agnate does not include widows of lineal descendants of the intestate. Cognates If a Hindu male passes away without a Will and has no class 1 or class 2 heirs or agnates, then the succession would be through cognates. Cognates are ones who are related to the intestate by blood or adoption but not wholly, through males. Thus mother’s brother’s son and brother’s daughters son are cognates, eligible for heirship.

Advocate JV Bhosale LawRato

686 votes

After your husband's death you and your children are legal heir for flat,farm and PF.Nominee is trustee for legal heirs of property.He can't claim as a sole succession in property. Therefore you need to file for succession certificate.

Advocate Sandeep Shamrao Pingale LawRato

930 votes

wife, dependant mother and children all have equal right if u r a hindu. the best option is to approach for succession certificate or letter of administration depending on the type of property involved.

Advocate Jenal Bharat Busa LawRato