Q. Does the marital status of a Hindu woman affect her father’s property and her right to claim the property? — M Saxena
According to the Hindu Succession (Amendment) Act 2005, a daughter has the same rights as a son over her father’s self-acquired property and property, regardless of her marital status, unless otherwise specified by the father in his own right. Will,
Q. My grandfather remarried after my first wife died in an accident. He has three children from his first marriage and one (my mother) from his second. Will my mother have the same rights over her property as her half-siblings if she dies without writing a will? – as its.
Since the child from the second marriage is the legal heir to Class I, he will have the same right over his father’s self-acquired property as a child from the first marriage, if the father dies without a will. However, the father has the right to include, exclude or specify beneficiaries in his self-acquired property through a will. The child will also have the right on the ancestral property on the basis of birth. So if your grandfather dies without a will, your mother will have the right over his self-acquired and ancestral properties.
Q. My husband passed away last year without writing a will. I am the nominee and joint holder of all their accounts and investments. Will I face any problem in transferring these to my name? — Smita Sharma
A nominee acts only as a trustee for the assets of the deceased and these are eventually passed on to the legal heirs or beneficiaries specified in the will. However, as a Class I legal heir, nominee and joint holder, you should have no problem with the transfer of assets if you provide relevant documents as specified by the financial organization.
QI has two brothers and I got married about five years ago. At the time of my marriage, my father had given me dowry and verbally assured my brothers that he would leave his property for them and not for me. Last year, he died without writing a will and my brothers are refusing to give me any share in these houses. Do I have a legal right to claim these properties? – P Kauri
Since you are the first-class legal heir, your deceased father will have the same right over the self-acquired properties as your brothers, if he dies without any verbal assurance, without writing a will. If, however, he has left a will specifying your brothers as beneficiaries, you cannot claim the assets, although you can still oppose the will.
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.