• Deceased wife property

My wife was having partitioned property which came from her family comprising widow mother married sister martied brother prior to her marriage in 1998. The RTC Mutation regard to her share obtained was in her name till her death on 04/06/2018.
Recently it has come to my notice that her mother has got transfered the property to her name without mentioning my name in geneological tree declaring unmarried without thasildhar certificate of geneology tree and on her death. Yet another alive sister name also has not been shown. My wife brother got transfered from his mother and sold the property in 2019
My wife and i have no children.
am i not having rights to my wife properties which was obtained by partition and not by inheritance
Please guide me
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

Yes you are entitled to her property.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Hello,

  1. You should have legitimately inherited the property of your deceased wife as you have no children out of your marriage.Obviously what her mother has done of illegal and fraudulent.
  2.  You can file a civil suit in court to claim your legitimate rights and to set aside the transfer she effected by concealing the truth. You must also add the tehsildar a party to the proceedings.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

You will be class 2 heir. In that property first right will be of the wife's mother side as the property from mothers side property, the right belongs to them

Prashant Nayak
Advocate, Mumbai
32457 Answers
200 Consultations

the property inherited by a Hindu woman will not go to her husband in the absence of her not having her own children as per the Hindu Succession Act.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

1. The property received by your wife by  partition from her parents is considered to be her exclusive property and hence on her death you can inherit this unless she transfers it to someone else during her lifetime. 

2. Similarly other co sharer of the partition deed are exclusive share holder of their respective shares and are free to transfer it to person of their choice. 

3. Such transfer can be challenged only if they transfer property beyond their share acquired by partition. 

Devajyoti Barman
Advocate, Kolkata
23205 Answers
512 Consultations

The property of your wife belongs to you and they have defrauded you by transferring and selling the property. File an fir and a cancellation of sale deed suit.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

As per Hindu Law yes you are eligible and entitled to receive her share as spouse. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You have to file suit to set aside sale of property and mutation done in mother in law name 

 

2) seek injunction restraining sale of property by the purchaser 

Ajay Sethi
Advocate, Mumbai
96862 Answers
7814 Consultations

You immediately file a suit for partition and separate possession of your wife's share in the property as her sole surviving legal heir.

The RTC entries are not title document. 

You have all the rights to inherit her share in the property as her legal heir.

Don't file a suit for cancellation of sale deed because you are not a party to the sale deed neither it is binding on you you. 

Consult a local advocate and proceed. 

T Kalaiselvan
Advocate, Vellore
87062 Answers
2338 Consultations

You should file a police complaint against them.  File an application in land revenue office for cancellation of the property transfers. 

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. If your ex-wife had got partition done through registered Partition Deed, in the jurisdictional Sub Registrar's Office,  amongst her mother and siblings, then you are entitled to get her partitioned property transferred in your name on her death, as you are the only legal heir, since the couple did not have any child. In this case, you will have right to your ex-wife's property.

2. However if it were to be inheritance, then you will not have any legal rights in her property, on her death. If there were to be a child/children born to the couple, the child/children could have inherited the property on the demise of their mother. In this case, you will not have any right to your ex-wife's inherited property.

Shashidhar S. Sastry
Advocate, Bangalore
5401 Answers
329 Consultations

1. Yes, you have right on the property you may file suit to cancel the transfer of the property and further to claim your rights and possession of the property. A police complaint can be also filed against in-laws that they have given false affidavit leaving your name to mutate property in their name and illegally sold it. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

A. When a person died intestate ( without execution of will) that property shall be transferred to her class I legal heirs i.e daughters, son and husband. In the absence of all these heirs that the legal heirs of the husband will acquire the same as per the Sec 15 of the Hindu Succession Act.1956

B. IreesIrrespe of acquisitions of property either inheritance or partition that it becomes her absolute property as per the Sec 14 of the Hindu Succession Act 1956.

C. Therefore, you are the absolute owner of your wife property with your children. 

D. Your mother in law might have obtained khatha and mutation just by supresdsupp material facts. You can challenge the same before AC appellate court and any entry made in Revenue records i.e RTC or Mutation never confirm the title as it is just admissble for evidence not conclusive proof as per Section 35 of the Indian Evidence Act.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

- As per section 14 of the Hindu Succession Act, a woman’s property , whether movable and immovable, owned and acquired/purchased by her ,obtained through ‘inheritance or devise, or at a partition, or in lieu of maintenance or arrears of maintenance, or by gift from any person, whether a relative or not, before, at or after her marriage, or by her own skill or exertion, or by purchase or by prescription, or in any other manner, will be treated as her absolute property.

- Further , as per section 15 & 16 of the Hindu Succession Act, , The property of a Hindu female dying intestate, or without a will, shall devolve in the following order: -

  1. Sons and daughters, including children of any predeceased son or daughter, and the husband
  2. Heirs of the husband
  3. Father and mother
  4. Heirs of the father; or
  5. Heirs of the mother

- Hence if an Indian Hindu woman passes away without leaving a WILL , then her son(whether minor or major) , and her husband will shared equally.

- Since, you have no children , then you have right over her property legally. 

- Send a legal notice and thereby claim all the property in your deceased wife's name , if no response then file a Declaration suit before the court. 

Mohammed Shahzad
Advocate, Delhi
14468 Answers
221 Consultations

You have no claim on property inherited by wife from her parents if wife died issue less. But certificate is illegal. You can file complain agasint her. And sister can file suit of cancellation of sale deed or her 1/4th share from sale amount.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

1. You can claim 1/2 share from wife property because her mother is also her legal heir so half share will go to her. 

2. You can lodge FIR against your mother in law and brother in law for doing this fraud by transferring property of your wife on name of your mother in law by declaring her as unmarried at time of her death.

3. You can also file suit for cancellation of sales deed and mutation update of your wife's property and claiming your share from that property.

4. You also need to make current owner as Party to the suit. 

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Dear Sir,

You have all the rights to claim the property share of your deceased wife and you are suggested to submit your application to registrar office for cancellation of activities done by her mother and if not done by him, file the case in the court of district judge of your area for cancellation of the same and declaration as well as injunction.,

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

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