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What are the legal rights of a wife against husbands ancestral property.in INDIA?

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What are the legal rights of a wife against husbands ancestral property.in INDIA?

Postby abraham90 » Thu Jun 21, 2012 10:07 pm

what are the legal rights of a wife against husbands ancestral property and property earned from it. IN INDIA
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What are the legal rights of a wife against husbands ancestral property.in INDIA?

Postby dent81 » Thu Jun 21, 2012 10:07 pm

what are the legal rights of a wife against husbands ancestral property and property earned from it. IN INDIA
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What are the legal rights of a wife against husbands ancestral property.in INDIA?

Postby rushford79 » Thu Jun 21, 2012 10:10 pm

Under the Hindu law wife is entitled to share in the property of husband. See Hindu succession Amendment Act 2005.
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What are the legal rights of a wife against husbands ancestral property.in INDIA?

Postby bearchan » Thu Jun 21, 2012 10:18 pm

Hi there,

Incase you are asking about ur rights in the property after the demise of your husband.... then yes, you have all the rights which he enjoyed before his demise.

If you have sons and daughters, then in that case, all of you... that is... sons and daughters and you yourself will be equal share holders of all the properties and wealth left behind by your husband.
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What are the legal rights of a wife against husbands ancestral property.in INDIA?

Postby teyo » Thu Jun 21, 2012 10:25 pm

Restating the question:
A is the husband and B is the wife.
A has some properties which are ancestral, and which he has inherited or succeeded by proper legal documentation.
Situation 1:
A and B are alive. What is wife's right ? Answer: Zero.
Situation 2:
A is no more. B is alive. No children.
Answer: B becomes the successor fully.
Situation 3:
A is no more. B and her children (X number) are alive.
Answer: There is a notional partition on the date of the death of A, who too had a share in the property alongwith the children of A. Thus there are X+1 coparceners.
A had his share, which is succeeded by B and X number of children.
So the share of B will be only 1/X=1 of 1/X+1 share of the husband. The remaining will be equally shared by X number of children.
For clarity sake, it is assumed that A and B had 2 children.
So, A's share was 1/3.
Upon his death this 1/3 share of A is succeeded to by B and the 2 children.
So, B's share will be 1/3(1/3) = 1/9.
Similarly, if there were 3 children, then B's share would be 1/16.
The above is applicable for Hindus only, and the property being situated in India.
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