Ownership rights of a widow

Q: One of my uncle died ten years ago and from then itself my aunt is staying in her son's house. Now since she did not live in her husband's house, her in-laws family members are saying that she cannot get her husband's property. So I want to know will a widow have right to be owner of her husband's property or not? Will she have to stay there only to get that property? Please help.

anish, Chandigarh

16th April 2013

Legal in Chandigarh

property owner

hindu widow ownership

widow property rights

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Replies (5)

Anish, you aunt will have the rights on ur uncle's property. You better consult a lawyer and get to know what should be done on this issue.

Bhuvan, Delhi-NCR

25th April 2013

Comment

Even though though she was out of possession, she will have the right to succeed to her husband's property under the Hindu Succession Act. Sons/daughters and wife all will have rights on that property.

Saran,

25th April 2013

Comment

Hi Lokesh, this judgement came in with regard to a 50 years old litigation in which a bunch of appeals had been filed by three sons of late Bhagwan Devi over 12 pieces of property in Hoshiarpur. Family members of Devi had challenged her rights of executing a will as she was not in physical possession of the property belonging to her husband, who died in 1949. The third generation of both the parties were contesting the litigation.

Manohar,

19th April 2013

Comment

Why was this announcement made? what was the case exactly? any idea?

Lokesh Patwa,

19th April 2013

Comment

The Punjab and Haryana High Court has stated that, under the Hindu Succession Act, 1956, for a Hindu widow to get the complete ownership rights of a property belonging to her husband, she need not have to be in actual physical possession of the property.

Abhishek,

18th April 2013

Comment