Hindu Mother's rights on intestate son's self acquired properties after marriage Hindu Mother's rights on intestate son's self acquired properties after marriage

2 years ago

Hindu husband and wife lived in nuclear family for 7 years. Couple Self acquired immovable properties after marriage. Have no children. Husband died intestate. What is mother's right on sons self acquired properties.

Kishan Dutt Kalaskar

Responded 2 years ago

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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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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If a man dies without leaving a will, his property is split equally among his widow, children, and mother, according to the Hindu Succession Act, which governs Hindu succession and inheritance in India. Due to the lack of a child, the property will be split evenly between the mother and the wife.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
According to the Hindu Succession Act, which governs Hindu succession and inheritance in India, if a man dies without leaving a will, his property will be divided equally among his widow, children, and mother. since there is no child, therefore, the property will be equally divided between the mother and the wife.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.After husband's death in intestate condition without having child,his self acquired property has been devolved upon his mother and wife each having undivided half share therein. Please take note that in this case mother and wife have equal right in the self acquired property of that deceased person.

It has not been specified whether that mother has any other children or not and whether her husband is alive or not because as the mother has inherited undivided half share therein which if not transferred by her legally in favour of that wife,then mother's other legal heirs will also come into the inheritance after the mother's death.
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 2 years ago

A.Hindu Mother being class 1 legal heir is entitled to equal share in the property of her deceased married or uarried son along with other legal heirs of deceased son. Mother has equal right to equal share on son's self acquired property.
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