Right of mother on property of deceased son

Querist : Anonymous (Querist) 30 November 2009 This query is : Resolved

Dear All,

My Brother (hindu male) died intestate in 2004. He leaves behind widow, 2 minor daughters and mother. My father executed a registered will about 24 years back as per the will of my father my brother and myself got each 4 acreas of land. My elder mother has registered settlement deed in favour of my brother ,through that settlement deed my brother got another 3 acreas of land.

what are the rights of the mother,widow and the 2 daughters on the properties of the deceased. Plz coment on this with recent judgements.

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n.k.sarin (Expert) 30 November 2009
Mr anonymous, widow of your brother and two minor daughters has equal share in the property of their deceased father.and your mother get share according to settlement deed.If she is dependent on your deceased brother for her livelihood she can claim maintenance in the property.

Raj Kumar Makkad (Expert) 30 November 2009
You have not told whether both the daughters of your brother are married or not before the death of your brother?

I presume that both are unmarried.

There is no right of mother in the given facts. widow and both the daughters are entitled for the grant of 1/3 each.

A V Vishal (Expert) 30 November 2009
Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestateâ€™s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.- The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.