Wife died 2 yrs back how can son claim her share in ancestral property
04-Jun-2023 (In Property Law)
2 years back my wife passed away. I have one son from the marriage. There is some ancestral property on wife's side. How can my son claim share in it?
He should be filled an application for succession certificate for granting a letter of administration before the district judge but you have not mentioned the complete facts regarding status of other family and status of property
Remedy is to file a partition suit against the rest of the heirs to your som's maternal grandfather ie uncles aunts and gradmother etc who have an equal right/ claim on the property .. Feel free to call for free consultation.
If the property is ancestral, your wife will have an equal share in it, and through her, your son gets a share. To claim you need to identify what your late wife's share is and then your son will need to file a suit for partition to claim his share (through your late wife).
Dear sir,
Absolutely he can get his portion from movable and immovable property, may I know where is this property situated and how many siblings of your wife are there?
For your information I would like to mention, in a ruling that will restrict the right of woman seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendments in Hindu law will not give property rights to a daughter if the father died before 9th sep, 2005, the amendment came into force.
Absolutely he can get his portion from movable and immovable property, may I know where is this property situated and how many siblings of your wife are there?
For your information I would like to mention, in a ruling that will restrict the right of woman seeking equal share in ancestral property, the Supreme Court has said that the 2005 amendments in Hindu law will not give property rights to a daughter if the father died before 9th sep, 2005, the amendment came into force.
Being legal heirs of your wife, you and your son can claim partition of said properties. For detailed and final opinion please visit us as we would like to know whether your wife got some document like relinquishment deed registered about said properties or not
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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- Gift deed from mother to son but paid in cash the property value
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