Hindu Succession Act

skanthahyd (Querist) 27 January 2010 This query is : Resolved

Dear Experts,

If a Hindu male died intestate having self acquired property of 7 Acres of agriculture land. He used to live separately with his wife,and 2 daughters. His mother is living separately. I.e. it is not a joint family. The mother is having 3 acres of land on her name. Her daughter-in-law is not willing to take of her after the death of her son. The mother filed a suit for partition in the properties of the deceased son. But the court dismissed her petition saying that she is not the legal heir of the deceased son and the properties of the deceased son are self acquired and it is not a joint family.
1.Is it legally valid?
2. Now the mother wants to move to district court to get justice. Will she able to get her share of property in the deceased son. Plz advise.

Regards,
Skantha

Follow Query

Report Abuse

A V Vishal (Expert) 27 January 2010
10. 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.

From the aforesaid it is amply clear that the deceased mother also enjoys a share under the Hindu Succession Act. She can move to appeal against the impuged order.

Raj Kumar Makkad (Expert) 27 January 2010
1. Yes. The judgment of the court is valid as the mother has got no right in the properties of his son in the given case.

2. As she has no share in the property of her deceased son so there is no use to make appeal against the judgment of lower court.

skanthahyd (Querist) 27 January 2010

As Mr.Vishal said as per the hindu succession act she is one of the class one haier of her deceased and have all rights to get share. But you are giving different opinion. Can u give me any judgements of the apex court in this regards.

Regards,
Skantha