WHERE THERE IS A WILL, THERE ARE NO HASSLES!

Property News Ahmedabad recently received a query by a reader, Ms Puja Patel who needed a legal perspective into her problem.

Few years ago, Ms Puja's friend Ms Devki Shirodkar (name changed) lost her life in an accident.

On her way back from a family holiday, the bus she was travelling in turned turtle killing all 20 people on board including her husband and her children.

Devki in her short life span of 40 years had invested in about 3 properties. As most of us, she had not felt the need to create a will or even liquidate the flats.

Devki was the only child of her parents and supported her ailing widowed mother too.

With no surviving relative, Devki's property is currently being looked after by Ms Puja. But legally, who owns the rights? Read on…

Devki's friends remember her as a smart and independent woman…then how could she neglect an important thing like a will?

For the records, Devki had nominated her husband in all her properties... But he too perished in the accident. Her only living relative is her mother, who is sadly not eligible to claim the rights of the properties.

So what happens now?

According to the Hindu Succession Act of 1956 when a (Hindu) female dies intestate i.e. without making a Will, her property devolves as follows:

Firstly -- the sons, daughters and the husband;

Secondly – Family of the husband, i.e., the sister and the brother of the husband.

Thirdly -- If the husband, children or brother and sister of the husband are not alive, only then the rights go down to the mother and father of the deceased female Hindu.

If the parents of the deceased female are also not around then the heirs of the father and the heirs of the mother of the deceased will be eligible to inherit the assets.

Thus, legally, the combined property of Ms Devki – which was worth around Rs 3-4 crore, now belong to her sister's in law while her mother grieves helplessly.

When it comes to property, especially in the case of a female owner, it would be advisable to consult a lawyer for a will. Life can suddenly take a turn, and an important assets such as a property, would be very difficult to claim in an intestate case.

As per Hindu marriage laws, a woman is connected to not one, but two families after marriage, the succession laws have been drafted keeping in mind both sides of her life.

Any property inherited by a female Hindu from her father/ mother shall, in absence of her children, devolve upon heirs of her father.

The property inherited from her husband or her father in law shall, in absence of her children devolve upon heirs of the husband.

A husband will not be entitled to inherit the property of his wife, if she has acquired the said property from her parents. In the absence of a Will, such property given to her as 'Streedhan' will, if she had no children, go to her father and his heirs and not to her husband or his side of the family.

Therefore, if she wishes to give that property or part of it, to her husband, she should write a Will.

The lack of a will might lead to unnecessary rifts amongst family members…And why not let your hard earned property go to its rightful owner?

Remember, if you don't choose who your property goes to, the law might… and that might not be your choice!