After a divorce in India, a wife may be entitled to certain property rights in her former husband’s estate.
When a couple decides to divorce, it is a very difficult and stressful moment for them. Property issues, on the other hand, make things even more complicated. What would happen if the husband and wife were to move into the same house together? Who will end up with the house when the couple decides to divorce? What would happen in the event that they possessed homes or accounts jointly? The subject of maintenance is handled separately. For this reason, it is essential, in the event of a divorce in India, to be aware of the property rights of the wife.
The Indian Succession Act of 1925 stipulates, in sections 33A and 35, that the property is to be transferred to the husband.
33-A Special provision to be used in cases of intestate succession that result in a widow but no direct lineal descendants.
(1) The entire estate of an intestate person is to be distributed to the intestate person’s widow if the net value of the intestate person’s property is less than five thousand rupees and there are no direct descendants of the intestate person.
(2) In the event that the net value of the property is greater than the sum of five thousand rupees, the widow shall be entitled to five thousand rupees thereof and shall have a charge upon the whole of such party for such sum of five thousand rupees, with interest thereon from the date of the death of the intestate at a rate of four percent per annum until payment. In addition, the widow shall have a charge upon the whole of such party for such sum of five thousand rupees.
(3) The provision for the widow made by this section shall be in addition to and without prejudice to her interest and share in the residue of the estate of such intestate remaining after payment of the said sum of five thousand rupees, with interest as aforesaid, and such residue shall be distributed in accordance with the provisions of Section 33 as if it were the whole of such intestate’s property. (4) The provisions for the widow made by this section shall be in addition to and without prejudice to her interest and share
(4) The net value of the property is determined by deducting from the property’s gross value all of the debts and all of the funeral and administration expenses of the intestate, as well as any and all other lawful liabilities and charges to which the property shall be subject. This leaves the net value of the property.
(5) The preceding section does not applicable in any way–
(a) with respect to the property of–
I any Christian of Indian descent,
(ii) any child or grandchild of any male person who is or was at the time of his death an Indian Christian, or who was an Indian Christian at the time of his death;
(iii) any individual who professes the Hindu, Buddhist, Sikh, or Jaina religion and the succession to whose property is regulated by the provisions of this Act in accordance with Section 24 of the Special Marriage Act, 1872 (3 of 1872);
(b) unless the dead leaves no will in regard to all of his possessions when he or she passes away.
35. the rights afforded to a widower —
If a wife passes away without leaving a will, her husband has the same rights to her property as a widow does to her late husband’s property if he dies without leaving a will. This applies even if the husband survives his wife.
The Muslim Law of Inheritance is as follows:
The Law of Succession in Muslim Societies When a Muslim ancestor passes away, the law stipulates that all of their properties should go through the process of succession. To put it another way, the person who is next in line to inherit does not become entitled to their inheritance until the time of their ancestors. Only after an ancestor passes away does succession take place; after that, ownership of the property is transferred to the beneficiaries. The Islamic legal system is primarily deduced from four different sources. In a similar manner, the law of succession is directed by a combination of all four of these factors. Ijma is the consensus and learning of the respected members of the community on a particular subject. Qiyas is all deductions on moral grounds that are supported by just principles. The Holy Quran is the religious book of Islam. Sunna is the practises of the Prophet. Qiyas is all deductions on moral grounds that are supported by just principles.
Is It Possible for a Husband to Inherit from His Late Wife?
In response to the primary question, the answer is yes; the husband is eligible to inherit from his late wife. Because the husband is one of the 12 people who share ownership of the inherited property, he is eligible to inherit. In a will, the wife can stipulate that her husband is entitled to a specific portion of the estate. On the other hand, if she passes away without leaving a will, then particular regulations govern the husband’s inheritance. In accordance with Islamic law, the husband is entitled to a part equal to half of the total property that is bequeathed. On the other hand, if the woman passes away and leaves behind children or grandchildren, regardless of gender, the husband is entitled to a quarter of the property. If the husband has more than one wife or if one of his wives already has a kid from a previous marriage, he will only be able to inherit one-fourth of the estate when one of his wives who bore him children passes away. In addition, if one of the spouses goes away, the other women will not inherit any of her property. There is no possibility of a hereditary connection between the wives of the same male.
In this scenario, if the deceased wife (or wives) did not leave behind any children of their own, then the husband would be entitled to receive one-half of what is to be distributed among the surviving members of the family. This situation is consistent with prior cases in which a husband will inherit half of the estate even if he had children from another marriage, as long as those children are not his deceased wife’s or wives’ offspring. This is because the children are not his deceased wife’s or wives’ offspring. In addition to the Islamic regulations, the Indian Succession Act of 1925 is also taken into consideration while determining inheritance under Muslim law. The Act’s Sections 33A and 35 stipulate that the spouse will be the one to inherit the property.
The inheritance that a man receives from his late wife’s property
During the lifetime of the wife, the husband does not have any rights to the property that she owns. In the event that the woman passes away, her portion of the inheritance will go to both the husband and the children. An advocate named Devajyoti Barman, who is based in Kolkata, has stated that “if the wife obtains her part in her lifetime, the husband can inherit the same.” If during her lifetime she has not received an inheritance from her parents or ancestors, the spouse is not eligible to make a claim on it. Even after his wife has passed away, a man who has invested his own money into purchasing real estate in the name of his wife can keep ownership of the property.
References:
https://legislative.gov.in/actsofparliamentfromtheyear/indian-succession-act-1925
https://legislative.gov.in/actsofparliamentfromtheyear/hindu-succession-act-1956
https://housing.com/news/all-about-property-rights-in-india/
https://www.lawyersclubindia.com/articles/can-a-husband-claim-wife-s-property-after-her-death-in-islam-14337.asp#:~:text=The%20Muslim%20Personal%20Law%20%28Shariat%29%20Application%20Act%2C%201937,the%20Indian%20Succession%20Act%20and%20the%20Shariat%20Laws.
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