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I am a Hindu and have acquired certain immovable properties out of my own income. I do not have any issues. My husband died recently and my parents also expired long back. Please inform who will succeed my acquired property if I do not make a will.

- by Kaushalya, Mysore

The succession of the self acquired property owned by female in the absence of a will is governed by Hindu Succession Act 1956. It devolves as follows:-

      1. Firstly, sons, daughters including children of any predeceased son or daughter and husband.

      2. Secondly upon husband

      3. Thirdly upon mother and father.

      4. Fourthly upon heirs of father/care of.

      5. Lastly upon heirs of mother.

As you informed that you do not have any children, your parents and husband are deceased, then the self acquired property will devolve upon the heirs of your father and in their absence, heirs of your mother. You may also make a will so that property will devolve to persons as per your will.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I had purchased a house in Basaveshwarnagar, which I had bequeathed to my only daughter. The will is registered. Unfortunately my daughter is suffering from serious heart problem and needs hospitalization and surgery. The doctor has informed that the entire process may cost two lakh and some additional amount for post operation treatment. I want to mortgage my house which is willed to my daughter and avail loan. Please advise whether it is possible?

Q:- Mr. and Mrs. Mallappa had made a Will before their demise stating that the property should not be sold to any third party and should be purchased by their children only. Now, I have entered into an agreement with one of the children of Late Shri Mallappa. Whether can I go ahead to purchase a property or withdraw from the agreement?

Q:- I own a property jointly with my sister which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister without much expenditure in my lifetime?

Q:- Whether Hindu Widow can alienate property through will to a particular son, which is acquired by her through her husband, out of other sons?

Q:- I am given to understand that my paternal uncle has bequeathed his house in Bangalore to me through a Will. But, my uncle has not confirmed this and the Will which is registered is kept in safe custody by my uncle. Though I have applied for a certified copy of the Will, the registrar refused to provide me a copy. Please inform how can I get a copy?