My husband and I have separated after four years of marriage and we have a two year old son. My husband is planning to get married again after finalizing the divorce. He has two properties to his name. If he has children from his second marriage, will my son be able to claim these properties or will he have children? second marriage Is this the only claim? – Vandana Rastogi
If your husband’s property is self-acquired and in his name, he can give it to whomever he wants through a written will. If, however, he dies without a will, that is, without a will, your son, as a Class I legal heir, will have the same rights over the properties as other legal heirs. If the property is ancestral, your son can claim these properties on the basis of birth.
My father passed away in 2004 without a will, while I got married in 2004. will my father’s share be my share Property With my brother? – Naina Sharma
As per the Hindu Succession (Amendment) Act, 2005, your father has the same right over the property as your brother and you can claim the said property. Your marital status or the fact that your father died before 2005 does not affect your right to property.
Our parents passed away last year except me and my sister. My father had two houses, which were self-acquired and named after him. He told me and my sister that he wanted us to have a house each, but he died without keeping a will. Now, how much will each of us have in relation to these assets? – Mihir Saxena
According to the Hindu Succession (Amendment) Act, 2005, both sons and daughters have equal rights over the self-acquired property of their father if he dies without making a will. Therefore, both you and your sister, as Class I Legal Heir, your deceased father will have equal share in both the properties and can claim right over the same.
I was raised by my grandparents after my parents died when I was five years old. Now I am 22 years old. I have two self-acquired properties in my grandfather’s name. I have two uncles, who are brothers of my deceased mother. Will my grandfather’s property go only to my uncles or will I be able to claim them? – Ramit Sawhney
The son of a pre-deceased daughter, being the first-class legal heir as per the schedule in section 8 of the Hindu Succession Act, 1956, has the same share in the property of his grandfather as his mother would have had if she were alive. Therefore, he can claim his share along with other legal heirs.
Disclaimer
The responses are based on limited facts provided by the questions. It is advisable to consult a legal practitioner after furnishing the complete facts and documents. The responses should not be construed as legal advice in any way.