Can the mother of intestate son claim the share in couple's jointly owned immovable properties.
2 years ago
Husband(46) died intestate leaving wife(40) and mother. Couple living nuclear family after marriage for 12 years, has no child.
Mother a widow, family pensioner(wife of a govt servant) living with unmarried youngest son(37).
Couple bought immovable properties after marriage jointly with self earned money, satisfy all five unities of tenancy, tenancy by the entirety.
Can Hindu Succession Law 1956 over rule the tenancy rights in Indian Court of Law. Is Sec.4 (2) of Indian Succession Law 1956 applicable to Houses and Housing sites. Will the Indian courts accept the concept of Tenancy by the Entirety given in Blacks law dictionary. Can the mother of intestate son claim the share in couple's jointly owned immovable properties.
According to Hindu succession law, a deceased person's property is split equally between his mother and the spouse, in this case, the widow, with each getting an undivided half share. With regards to your query, nothing in the Act shall be construed to impact the provisions of any law in existence at the time providing for the prohibition of fragmentation of agricultural holdings, the establishment of ceilings, or the devolution of tenancy rights in such holdings.
Thank you!
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
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