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If there is no will, who should get it?

2007-12-07 11:34:05 · 12 answers · asked by Bhatia 1 in Politics & Government Law & Ethics

12 answers

If husband is a Hindu & he dies intestate i.e. without leaving a will then according to section 10 of the Hindu Succession Act, 1956 all his self acquired property goes to all his class 1 heir which include, his mother, wife/widow, all his children including all his sons & daughters, in case of his predeceased son or daughter their heir in equal proportion. Read this section 10. Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.- The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
It is always advisable to make a legal 'Will' defining clearly the share for all his or her heirs with regard to all the estate or property by any person to avoid any future dispute with regard to his or her property.

2007-12-07 12:12:03 · answer #1 · answered by vijay m Indian Lawyer 7 · 5 0

Wife

2007-12-07 13:35:17 · answer #2 · answered by BabyG 3 · 0 1

Wife and Kids all get share in Husbands Property after he dies, in absence of a will.

2007-12-09 03:10:38 · answer #3 · answered by Ashok 4 · 1 0

Be very careful, expensive. while the spouse dies, she turns right into a saint in his eyes despite in the event that they did no longer get alongside properly. verify he's not merely finding for a mom for his teenagers that's sometimes the case as they're overwhelmed with paintings and the household initiatives. bypass to his domicile and be conscious - are their nonetheless photographs of her everywhere. might you be dwelling in the comparable domicile? I had a chum who married a widower with 2 toddlers and it did no longer paintings with the aid of fact the 1st spouse had adorned the domicile completely and he or she by no skill felt at domicile there. And the youngsters did no longer extremely settle for her and that they complained all the time approximately despite she cooked for dinner and their Dad did no longer superb them. She had adequate after 5 years or so and left. while you're insecure, there is probable a reason - in line with risk a solid reason to go on. He can continuously hire a babysitter. exhilaration to you!

2016-10-10 12:22:26 · answer #4 · answered by ? 3 · 0 0

His Co-parceners. Confusing is it? Yeah the answer depends upon to which religion the family belongs, which state the deceased was living and finally where the property located. Even a sitting judge of Supreme Court can't answer your question correctly. Indian Succession laws so confusing. By the I am a Lawyer with 25 years experience.

2007-12-07 12:29:41 · answer #5 · answered by Kiran 3 · 0 1

any guardian living at the same household will get the land but of course when that guardian(wife) dies the kids obviously get the land

2007-12-07 11:50:18 · answer #6 · answered by Anonymous · 0 1

wife

2007-12-07 11:57:55 · answer #7 · answered by Anonymous · 0 1

If documents and title not clear
A whole lot of people will form the que.

2007-12-07 16:48:45 · answer #8 · answered by Vijay 3 · 1 0

wife and kids.. only if girl child

2007-12-07 11:52:31 · answer #9 · answered by Anonymous · 0 1

wife

2007-12-07 11:39:45 · answer #10 · answered by chelseiann 6 · 0 2

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