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Inheritance of husband and wife

2926. If a woman dies without any children, ½ of her property is inherited by her husband, and the remaining ½ is given to her other heirs. If, she has children from that or another husband, her husband will get ¼ of the estate, and the remaining part will be inherited by her other heirs.

2927. If a man dies childless, ¼ of his estate will go to his wife, and the remaining part will be given to his other heirs. And if the man has children from that or other wife, the wife gets 1/8 of the estate, and the remaining part will be inherited by his other heirs. A wife inherits from all personal (Chattel) property but from any land, nor does she inherits form the value of such lands. She does not also inherit from that which stands on that land, like the house and the trees, but she inherits from their value.

2928. If the wife wishes to have any right of discretion over things from which she does not inherit, she should obtain the permission of other heirs to do so. Also, it is not permissible for other heirs to have any right of disposal, without the permission of the wife over those things from the proceeds of which she inherits. If they are sold before giving the wife’s share, then if she approves, it is correct, if not, it is not correct upto her share.

2929. If one wishes to evaluate the buildings and the trees and other similar things, mating its value as they stand, and not as objects uprooted or extirpated, they should be valued as unrented property remaining on the land, till they are destroyed or till they perish, and pay her share according to that estimate.

2930. The canals for the flow of water fall under the category of land, and the bricks etc., used for its construction fall under the category of building.

2931. If a deceased has more than one wives, and if he is childless, ¼ of the estate will be divided equally among the wives, in the manner explained above, and if he has children, 1/8 of the estate will be divided equally among them. And the rule applies even if the husband may not have had sexual intercourse with some or all of them. However, if he married a woman during a terminal illness, and did not have sexual intercourse with her, that woman will not inherit from him nor will she be entitled to Mahr.

2932. If a woman marries a man during her illness, and dies in that illness, her husband inherits from her even if he did not have sexual intercourse with her.

2933. If a woman is given revocable divorce, in the manner explained in the orders relating to divorce, and she dies during the waiting period of divorce (Iddah), her husband inherits from her. Also, if the husband dies during the period of that Iddah, the wife inherits form him. But, if one of them dies after the expiry of that period (Iddah) or during the period (Iddah) of irrevocable divorce, the other does not inherit from him/her.

2934. If a husband divorces hid wife during his illness, and dies before the expiry of twelve lunar months, the wife inherits from him on the fulfillment of three conditions:

1. If she has not married another man during that period.

2. If she had not sought divorce herself, of her own accord, irrespective of whether she paid her husband some consideration to obtain divorce or not.

3. If the husband died during the illness in which he divorced her, as a result of that illness, or some other reason. If the husband recovers from that illness, and dies later owing to some other cause, the divorced wife will not inherit form him.

2935. The dress, which a husband gives to his wife to wear, is to be treated as a part of his estate after his death, even if the wife may have worn it.