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Sachin Singh Guest
Asked July 31, 2016

property rights

  • 1 Answer
  • 317 Views

Hello sir Actually after 4years of my marriage my wife death due to dengue fever in hospital....She had property on her name ...that property come by her mother ....Her mother made her nominee in her property...Her mother also got expire 7year back...now I want to know am I legal to claim that property ? If yes then how ? Please guide me the first step what shoul I take...

Answer 1

Default avatar
Saumya Kumar
Section 15 of the Hindu Succession Act, 1956 provides for the succession of the property after the death of a Hindu female who dies without a will. Section 15(2) of the Act provides that if the deceased woman had no children and she had inherited the property from her parents then after her death the property will go to her father's heirs primarily her brothers and sisters. As per Section 15(2) for a property inherited by the woman from her parents the husband has no claim over such a property. Considering the facts given by you, since the property was inherited by your wife from her mother and if there are no children then it will go to your wife's father's heirs mainly your wife's siblings.(See - Bhagat Ram (Dead) By Lrs v. Teja Singh (Dead) By Lrs,AIR 2002 SC 1 & Thippeswamy v. Sri Rangappa Regular Second Appeal Nos. 25 and 26 of 2009) This is applicable only for the property which your wife inherited from her parents. For any other property which she either purchased for herself or you gave her will be shared between you and the children of your wife as given in Section 15(1) of the Act. If you are not Hindu and are not covered by the Hindu Succession Act then the Indian Succession Act, 1925 will be applied. Under this Act, you may get one-third of the property if your wife has lineal descendants eg. Her children. In this situations, you will get one-third and the children will share the remaining two-third of the property. (Section 33 (a) read with Section 35 of the Indian Succession Act, 1925 ). Where there are no lineal descendants then the kindred relatives can get a share eg. Brothers and sisters. In this scenario, you will get half of the property and the kindred relatives namely, brothers and sisters will have to share the remaining half. (Section 33 (b) read with Section 35 of the Indian Succession Act, 1925 ) Under Islamic Sharia law applicable to Muslims, the husband will get half of the property if there are no children. The remaining half will go back to the father or to the wife's siblings if the father is no more. Where the deceased had children then the husband is entitled to one -fourth of the property and the remaining is to be given to the children. If any of the above mentioned provisions apply to you, then you will have to file for mutation of the property which basically means that you will have to apply to the local municipal corporation for changing the title of the property and incorporating your name instead. For this the authorities will ask you to submit basic documents like the original transfer deed which transfered the property to your wife's name, your wife's death certificate and other such documents. This can be done only when you can be considered as a beneficiary under the provision mentioned above depending on the personal law applicable to you.
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