share in self acquired property of the father
can a person and his wife demand a share in house which is a self acquired property of his father. can his wife file a suit for share
Assuming that this is a Hindu family that is the subject of discussion, the answer would be no. The person and his wife cannot claim a share in the self-acquired property, for it is the father's absolute property and he can do with it whatever he wishes to - he can will it away, etc. However, if the father dies without having made any will/testamentary disposition with respect to this property, then the son can claim a share by virtue of being the father's Class I heir under S. 15 of the Hindu Succession Act, 1956 read with the Schedule to the Act. But it is only the son who can claim in such a situation, and if the son dies before the father, the son's widow. But the property will have to be divided equally among all eligible Class I heirs.
As per Hindu Laws, if a person dies intestate, his property is divided as per the provisions of Hindu Succession act. However, if the person has died leaving a will behind, then only those entitled under the will shall have the right to claim their share. In case the person is alive, then under no circumstance can he be forced to give a share of his self acquired house. If the (wife) as asked in the question is a divorcee then she can claim maintenance or right to residence but not a share in house.
Dear Vaivav, according to the law for Hindus, self acquired property is any property purchased by an individual from his resources or any property he acquired as a part of the division of any Ancestral/Coparcenary property or acquired as a legal heir or by any Testamentary document such as ‘Will’ etc. According to Section 8 of the Hindu Succession Act, 1956 where a male Hindu male dies leaving his separate or self-acquired property, Class I heirs will inherit his property and in their absence class II heirs of the Schedule. The Class I heirs succeed simultaneously, that is, together, and they are twelve in number. Of this - mother, widow, son and daughter are primary heirs and the remaining are the near heirs of a predeceased son or paternal grandson, or son and daughter of predeceased daughter. Therefore, he person and his wife cannot claim a share in the self-acquired property, for it is the father's absolute property and he can do with it whatever he wishes to - he can will it away to his son or anyboby feels like. After the death of the father, the son will get a share on the property acquired by the father and not his wife. But if the son dies before the father, the son's widow will get a share on the property acquired by the father. Rutumbhara www.lawkonect.com 09555 507 507
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