Hindu Succession Act, Rights of Mother in married intestate son's property
2 years ago
Husband(Aged 46) and wife in a nuclear family together bought two immovable properties. Husband and wife have no child. Husband died intestate. Father of husband died after retirement from government employment. Mother(aged 76) of husband is alive and a family pensioner. Mother has 3 more sons and 1 daughter. Among 3 sons(aged 44, 42, 40) and 1 daughter(aged 48), 2 sons and 1 daughter are married and living in nuclear family. 1 last son(aged 40) is unmarried, has no income and living with mother in ancestral property.
Property 1(House where husband and wife was living at the time of death of husband, wife continues to live in the same house) - The sale deed is signed by both wife and husband as buyer 1 and buyer 2. There is a mention “HUSBAND AND WIFE JOINTLY BUYING” in the deed. Also requirement of FOUR unities of JOINT TENANCY EXIST till husband’s death and no changes are made in the deed even after husband’s death.
Property 2(Vacant Land)- The deed is signed by husband and wife as buyer 1 and buyer 2. There is no mention of “HUSBAND AND WIFE JOINTLY BUYING”. But there is a mention “THIS PROPERTY IS BOUGHT FROM SELF EARNED MONEY”. Also, requirement of FOUR unities of JOINT TENANCY EXIST till husband’s death and no changes are made in the deed even after husband’s death.
Can the mother claim rights in these two properties of intestate husband(Son).
Ankur Goel @ Complete Law Shield
Responded 2 years ago
in both properties, wife is already have 50% share.
in both properties, The Died Husband had only 50% share.
Out of 50% share of Husband, the wife and mother will get equal share.
so in end, mother will get 25% and wife will get 75%.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Intestate Succession in the Event of a Male Death. If a man dies intestate, that is, without a will, his assets are dispersed according to the Hindu Succession Act, and the property is passed to the deceased's lawful heirs. In the event of intestate succession, the mother is entitled to the same part of the estate as the other lawful heirs.
Thank you very much.
Intestate Succession in case of Death of a Male. In case a male dies intestate, i.e. without making a will, his assets shall be distributed according to the Hindu Succession Act and the property is transferred to the legal heirs of the deceased. In the case of intestate succession the mother has equal shares as other legal heirs.
Thank you.
A.Dear Sir,
Section 8 of Hindu Succession Act:
General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
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Advocate Sinjari Bandyopadhyaya
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