Legal Question in Family Law in India

Hindu Sucession Act

wife without any child got husbands property after husband death and haswilled it in the name of her sister.Do the childrean of the deased husbands brother claim the property after the death of the wife i.e thier aunt under hindu sucession act


Asked on 6/12/08, 11:58 pm

6 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Hindu Sucession Act

Once she got the property, she became its absolute owner and could dispose it of as per her wishes. Since she has already disposed of the property in such manner as was desired by her, there is no question of anyone else making any claim.

Thefore, the children of deceased husband's brother will have no claim over the property of their uncle/aunt.

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Answered on 6/13/08, 12:10 am

Re: Hindu Sucession Act

No,because they are in second class legal heirs while wife falls in first category of legal heirs,hence,children can not claim any right or share in the property.

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Answered on 6/13/08, 4:29 am
Bobby Aanand Metropolitan Jury

Re: Hindu Sucession Act

Please confirm whether the property which belonged to her husband was actually her husband's self occupied property or it was a part of some ancestral property. If in case, that property actually belongs to the father-in-law and then was given to her husband, then in case of sudden death of her husband, the share in the property can be claimed by the children of husband's brother as their right which stands against her in Grandfather,s property. However, if this is the self occupied property of her husband, then she becomes the absolute owner of the Property and she can further assign it in favor of any person. No person shall have any right of any nature whatsoever to restrain/refrain her from doing so.

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Answered on 6/13/08, 4:54 am
G. M. Gupta gmguptaandassociates

Re: Hindu Sucession Act

yes

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Answered on 6/13/08, 5:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Hindu Sucession Act

depends on whether the property was husband's self acquired property or ancestral property.

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Answered on 6/13/08, 10:35 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Hindu Sucession Act

No as they fall in the IInd class of legal heirs and the wife falls in Ist class of legal heirs. Hence, the children cannot claim any right in this property.

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Answered on 6/13/08, 1:14 pm


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