The property of w1 is her exclusive property as the proceeds of which are paid by her father. W2 has no claim over the property. Only the sons of W1 as class one heir share the property. Sons of W 2 cannot claim any share in the property. It will be distributed equally between two sons of W1. File a suit for recovery of possession against W2 as legal heir of W1. Obtain stay against the any transfer of W2 of property pending suit.
Female dies intestate
If a Female(w1) dies without a will leaving behind two sons(s1,s2) and husband(h). But later Husband remarries and from 2nd wife(w2) he had a son(s3). 5-6 years later Husband also dies. (w2) refused to take care of (s1,s2) and is in possession of property but still the property papers GPA is in name of Female(w1)till date. The payment of property was done by female's(w1) father. How will the property be distributed ? How should One proceed forward legally?
Asked 3 years ago in Property Law
Religion: Hindu
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12 Answers
W1 died intestate and on her demise her husband and 2 sons would inherit the property
on husband demise his one third share in property would devolve on his children from first wife , 2 nd wife and son from second marriage
Dear Sir,
1. The property will devolve in two halves for S1 and S2 but not S3 or W2
2. You need to obtain a succession certificate, and for such an application is to be filed before dist. judge under whose jurisdiction the female die intestate.
Thank You
The second wife and her son have no right over the first wife’s property. The first wife property divided among her husband and 2 sons equally.
But after the death of husband his share in the first wife’s property divided among his legal heirs. Ie; his second wife and 3 children’s equally.
The property belonged to w1. After her death the property will be divided amongst her heirs ie her children and her husband. After her husband the property goes to her children again. W2 or her children have no claim to the property.
- As per law, after the death of wife , her property would be devolved upon her husband and children being the class 1 heirs equally.
- Further, if husband remarry , then his shares only can be claimed by the second wife and sons of w2
- Since, the property is name of W1 , then the property will go the her husband and three sons equally , i.e. 1/4 share each
- Further, husbands share after his death will go to all sons and w2 equally.
The property left behind by the female upon her intestate death it will devolve equally on all her legal heirs including her husband and own children.
If the husband is reported to have died subsequently then his share in the property shall again devolve on his own legal heirs consisting his children from first marriage, his second wife, and the children from the second marriage.
Therefore the children of the first wife besides their own two third share in the property, they are additionally entitled to two fourth share out of their deceased father's one third share in that property.
They can file a suit for partition and for separate possession of their legitimate share in the property.
For your information, the GPA document is not a title document.
1. On the demise of w1 her property devolved through intestate succession on her husband and two sons.
2. On the demise of husband his share in the property of his deceased wife further devolved on all his biological children and w2(wife) irrespective of the fact that w2 refused to take care of s1 and s2.
Respected Sirs, As the property was payment was done by Female(w1) father. After the demise of Husband won't the property be devolved to s1,s2 as it is stridhan given by female's parents
Asked 3 years ago
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If property by a Hindu woman is inherited from her father – in the absence of her children or predeceased children’s children, it goes to the heir of her father and not to the husband.
- in present case it would devolve on her children
Dear sir,
1. Stridhan is the women's self-acquired property. As stated earlier after the death of w1, her property will devolve upon S1 and S2 by producing a succession certificate.
Thank You
The property of the female dying intestate shall devolve equally on her own class I legal heirs first.
If there are no class I legal heirs available then it would devolve on class of legal heirs as prescribed in the law.
The class I legal heirs are very much available hence there is no question of the property going to her parents even if it is proved that it is Stridhan property.
Therefore, the legal heirs of the spouse of deceased female are entitled to their legitimate share out of his share in the property as already opined.
- After the death of husband , his share only can be claimed by all legal heirs including W2.
- But W2 or her sons having no right over the share of S1 and S2
- Further , if S1 and S2 are minor , then their share cannot be transferred without getting court order.
- Only in case of childless woman , her property or stridhan would go to the her father only.