Hindu Succession Act applicability
The HSA comes into question when a Hindu dies intestate (without leaving a will). Thereafter, succession depends upon the principles as carried within the HSA.
What is inheritance?
The term inheritance is exclusively utilized in the context of succession. Upon the death of a personal, his/her property, title, debts and obligations may devolve upon the heir. Although different societies treat inheritance differently, tangible and immovable property are often treated as inheritance.
Inheritance of a person on deceased wife’s property
During the wife’s lifetime, the husband has no right over her property. If the wife passes away, her share will devolve upon her husband and kids alike.If the wife gets her share in her lifetime, the husband can inherit the identical. If she hasn’t inherited from her parents or ancestors during her lifetime, the husband cannot claim it. If a person has bought property within the name of his wife together with his own finances, he can retain the ownership even after her death.
Bombay High Court: A Single Judge Bench comprising of Dr. Shalini Phansalkar-Joshi, J. heard a petition filed against the husband (respondent) of deceased Sundarabai who died intestate.
The petitioners contended that the suit property was received by the deceased from her parents which the husband’s children weren’t her children as they were born to the respondent’s second wife. Therefore, there was no reason for action to the suit for declaration, partition and injunction filed by the respondent (as original plaintiff) since neither the respondent husband nor his children had any shares to the said properties.
The tribunal partially allowed the appliance by rejecting the claims of the youngsters and accepting the husband’s claim. looking forward to Section 15 of the Hindu Succession Act which states that in cases where a female dies intestate then the property she had inherited from her father or mother doesn’t devolve upon the husband or his issues but upon the heirs of the deceased’s father, the judicature held that the judicature should have rejected the plaint in respect of the husband and not just his children. Further, it absolutely was held that the respondent had no reason for action to file the suit for partition of the deceased’s property. [Tarabai Dagdu Nitanware v. Narayan Keru Nitanware, 2018]
Property rights and inheritance of an abandoned first wife
Suppose a Hindu man leaves his wife without a divorce and marries another. during this case, his first marriage has not been annulled by law and therefore the first wife and their children are lawful heirs. If the 2 are divorced, the primary wife cannot stake any claim within the property and every one her belongings are solely hers. Even within the case where the husband and wife may have contributed towards the acquisition of a property, it’s important to own documented proof of percentage of monetary contribution of every just in case of a divorce. this can be important especially just in case one want to file a property eviction suit.
What happens to property inherited by single women?
Inherited property of childless woman dying intestate goes back to source: Supreme Court
Property of girls who leave behind no children and die without leaving a will goes back to its source, the SC has ruled.
“If a female Hindu dies intestate without leaving any issue, the property inherited by her from her father or mother would attend the heirs of her father, whereas the property inherited from her husband or father-in-law would head to the heirs of the husband,” the SC observed while delivering its verdict within the S Abdul Nazeer and Krishna Murari, JJ case.
In case of married women who leave behind their husband and youngsters, her properties, including the properties which she inherited from her parents, would devolve upon her husband and her children as provided in Section 15(1)(a) of the Succession Act.
Can criminals claim inheritance?
The HSA states that people who are proved guilty of great crimes won’t be allowed to inherit property.
Can Husband Claim Wife’s Property After Her Death?
Property acquisition after the death of a loved one may be a stressful matter for several. There are such a lot of questions and then many queries around it. Here we are going to learn ‘can husband claim wife’s property after her death?’
If the wife has left her will, then the property will go as per the woman’s will but if she died intestate then in line with Hindu Succession Act, order of preference is as follows:
1. Woman’s own children, children of her predeceased children (if any), husband will share the property equally.
2. In absence of husband, children or children of predeceased children, the property will attend the heirs of the husband.
3. Within the absence of of these, parents of the lady will get the property.
If the property was purchased by the husband and therefore the woman had no source of cash to buy that property, therein case the husband can claim that property.
If the property was inherited from her father by the lady, then the husband cannot claim that property as within the absence of youngsters or children of predeceased children, it goes to the heirs of the father only.
In Islam, if the wife dies and also the couple didn’t have any kids, then half the property share goes to the husband while the opposite half is distributed among siblings and oldsters. If she has children from that husband or from another husband, therein case the husband inherits 1 / 4 of the property and also the remainder is distributed among the remaining heirs.
So, can husband claim wife’s property after her death?
Yes, under above-mentioned circumstances.
References
Book:
1. The Hindu Succession Act, 1956
2. Hindu Succession Act, 1956 by D.P Dey (Edition 3rd, 2022)
Online Sources:
1. Indiankanoon.com
2. Legalserviceindia.com
3. kaanoon.com
Cases:
Tarabai Dagdu Nitanware And Ors vs Shri. Narayan Keru Nitanware on 15 January, 2018.
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