Legal Question in Family Law in India
Legal heir
A Hindu couple has no children. The husband owns house property in his name. Source of funds for purchase of this property was provided by his brothers and mother. Questions: (1) After the life time of the husband without his leaving any Will, is it legally permissible for the wife,to dispose off the property to whomever she chooses? (2) Or is the ownership of property goes legally to source providers i.e.husband's brothers and mother? (3) After lifetime of this couple, both husband and wife, without leaving any Will ,who will be the legal heir for this property?
6 Answers from Attorneys
Re: Legal heir
This question has already been answered. Once again I repeat, wife becomes vested owner after the death of husband died intestate, and she can dispose of property at her will. Source providers have no concern with property no on their name as the Benami transaction has been prohibited in India. Property will go to legal heirs of wife after her death.
Re: Legal heir
The property will go to wife and after her death to her legal heirs.
Re: Legal heir
prima facie the owner would be husband as the property stands in his name unless the brother and mother file a case that the ownership belongs to them as they paid the consideration amount. wife cannot dispose of the property but has a right to residence in that property. after the death of couple, the property would be distributed among legal heirs including the mother of husband.
Re: Legal heir
the propety will to wife who can dispose it off unless will is there otherwise
Re: Legal heir
Property cannot be dispose of by the wife. After the lifetime it will be divided among legal heirs of husband but wife will have a right to reside.
Re: Legal heir
The property will go to the wife and after death to her legal heirs.
The source providers i.e. husband's brothers and mother may just forget about having done anything. It was at the best a gift made by them when the husband was alive; and a gift once given cannot be taken back.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
