If a Hindu male dies without will, how will property be divided if wife is a joint holder – The Economic Times

Clipped from: https://economictimes.indiatimes.com/wealth/legal/will/if-a-hindu-male-dies-without-will-how-will-property-be-divided-if-wife-is-a-joint-holder/articleshow/83457228.cmsSynopsis

Raj Lakhotia, Founder, Dilsewill answers readers queries related to succession laws.

Raj Lakhotia, Founder, Dilsewill answers readers queries related to succession laws.

If a Hindu male dies intestate, what happens to investments with a nominee, and a 50% joint property with wife, where the latter has paid most of the EMIs? — Seema Singh
Irrespective of the fact that a nominee is appointed in any particular asset, the property of the deceased is inherited firstly by Class 1 legal heirs of the deceased. The nominee is a stop-gap arrangement and acts as a trustee to the property, which is ultimately transferred to the legal heirs. In case of a joint property in which the wife has a 50% share, the 50% shares of the deceased are distributed to the legal heirs.

My father’s cousin has no kids and he adopted a girl, but she stayed with her biological parents. In 2012, she got married and went abroad. Her adoption was registered and marriage was performed by my uncle. When my aunt died, the daughter did not come and my family supported the uncle. He filed to withdraw the adoption in 2017 and it is still pending in court. My uncle and his brothers partitioned their ancestral properties and my uncle got land & a portion of the ancestral house. In 2020, my uncle willed his property to me and my brother. In the will, he clearly states that if the adoption case is not settled in his life, we brothers should continue the case. My uncle died later that year and now the daughter is demanding a share in the property. My uncle’s brother’s son is also claiming a share. I want to know: a) Once the ancestral property is partitioned, is it treated as self-acquired? b) Can the self-acquired property be willed to anyone? c) Does the adopted daughter have any right to my uncle’s self-acquired property which was willed to us? d) My cousin is claiming he is a Class l heir. Can he stake a claim to the property? — Sameer Gupta

a) A partitioned property is treated as a person’s own property with complete right, title and interest over it. It is considered at par with self-acquired property. After partition, the person in whom the partitioned property vests, is treated as the absolute owner. b) Yes, a self-acquired property can be bequeathed to anyone through a will. c) Generally, an adopted daughter has the right to claim the shares of the self-acquired property of the adoptive parent. In this case, her right to claim can be challenged on the ground of the adoption cancellation petition filed. d) The brother’s son doesn’t fall in the category of Class I legal heir. However, he could raise a claim by challenging the will of the deceased as he is a class II heir.

Disclaimer: The responses are based on limited facts provided by the queries. It is advisable to consult a legal practitioner after presenting full facts and documents. Responses should not be considered as legal advice in any manner whatsoever.

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