Hindu Undivided Family
2 years ago
Mother, 77, Govt pensioner, living with youngest unmarried son(37) in her own house. Elder son after marriage living away from mother in his own house for 15 years and the couple have no child, the couple jointly bought some properties from self earning. The elder son died intestate. Can the mother claim share in properties jointly owned by elder son and his wife.
A.Dear Sir,
Mother is entitled her share from the 50% of share belonging to her deceased elder son under following Section.
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.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
As the property was bought by the couple with self-earned money and the son has died intestate, the property now is under the ownership of the wife. The mother can not claim any share in the property. However, if the wife is ready to lend the share then, the mother can get it.
Thank you.
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