Succession

sunny (Querist) 15 October 2010 This query is : Resolved
IF both son and his wife means Daughter in law of lady(HIndu) expired.That lady is living with one more son and his wife.And both expired person survived by their two minors childern .In this case if lady means grandmother of children taken succession from court for her son and daughter in law.For both son and daughter in law she taken the succession certificate with three successor which are both minor children and herself.
1)But as per law of succession she can claimed to be successor for her son only while in case of her deceased daughter in law she can not be successor when her two minor children are left.only minors should be successor for Daughter in law of that lady(Lady can be guardian but not successor)?is this correct?

2)If it is correct.Then succession order which she gained from district court is not correct.
And can it be challenged?in what way it will be challenged or under what section?

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R.Ramachandran (Expert) 15 October 2010
Dear Mr. Sunny,
As far as the deceased son is concerned, she is right in having taken the succession certificate for three persons viz., grand mother (i.e. lady of the deceased son) and two minor grand children.

Unless there is any property of the daughter-in-law, the question of taking any succession certificate for her does not arise.
If the daughter-in-law was having any property (or bank account etc.) in her name then only the two minor children can be the legal heirs and not the old lady (i.e.mother-in-law).