What is the right of widow in husbands share in property

There are two brothers A & B, A has x,y sons, B has a,b,c,d,e. x died before 1954. Partition taken place in 1954 among y,a,b,c,d,e keeping x wife under y protection. A schedule property given to y and so on. Now y son says there is no share to x wife because this is self acquire property of y,abcde. Hence share not given to x wife saying he left from home in his childhood and lived in neibour village. Importantly y got alloted double worth i.e. 10000 share through A schedule. remaining a,b,c,d,e got alloted 5000/- worth. x self acquired some properties included in 1954 document. y son filed case against x grand sons saying they do not have any right in A schedule property. y son has not provided any document of proof that properties acquired only by y,a,b,c,d,e except 1954 document. Please advise us whether x wife get 1/2 share of A schedule property. x grandchi

Answers (2)

239 votes

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. Further details contact us thank you

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69 votes

Yes The wife of the deceased is entitled to claim her share in the property of 'A'. For that she will have to file a civil suit claiming her share in the property.

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