Wife's right in husband's share of property got from partition


My husband died in June last year . No division was done .There was no will. I have two sons and one daughter . My husband had got a plot of land from his father which is a ancestral property . On that plot my husband had constructed a building . Whether I have a right on ancestral Plot, or on building built by my husband or on both after his death.Or dont have any right on anything. Or I will get only maintenance ? Please advise.

Answers (3)


84 votes

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share


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216 votes

Yes,
You have right in your husband's property.
Definitely you can get share in your husband's property after his death.If you are senior citizen.Then you can also claim maintenance from your son's under senior Citizen Act.

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204 votes

Yes you and your sons and daughters have a full right on the said plot/building. You said there is no division. are there any other heirs to the father of your husband? If yes then there might be a trouble. If no, then you can freely go ahead.

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