What happens to mother's share in deceased son's property after her death
Sandeep Singh
(Querist) 09 December 2011
This query is : Resolved
Mr 'X' died in 2002 leaving behind wife,2 sons and Mother as Class 1 Legal Heirs.
Mr "X'' has some self acquired House property and has made no will.
In 2010 Mother of Mr.'X' also dies leaving no will.
Will the property right of Mr 'X' Mother roll back to wife and children of Mr. 'X' or to remaining Class1 Heirs of Mother.
As per Section 15(2) of Hindu Succession Act, property should not be allowed to drift away from source through which female heir has actually inherited the property.Else object of Section 15(2) will be defeated and will become meaningless and redundant.
Which means that after death of Deceased Son’s Mother, the Mother’s Share in deceased son’s property should devolve upon remaining Class 1 Heirs of the source,which means wife and children of the deceased son.
Else, the Deceased son’s share would ultimately drift away to his brother’s and sisters through deceased mother’s route.
Is this position legally correct?
Raj Kumar Makkad
(Expert) 10 December 2011
The given position is legal one as upheld by Hon'ble Apex Court. Larger Bench of Hon'ble Apex Court has upheld the validity of this provision and now no scope remains to re-open this established position.
K S GOSWAMI, Advocate
(Expert) 10 December 2011
Mother's share shall not revert to the wife and sons of her deceased Son X but shall devolve on the mother's legal heirs Ist class.
Sandeep Singh
(Querist) 11 December 2011
Dear Sir,
Thanks for reply.
Is it correct to say that under Section 23 of Hindu Succession Act (Special Provision respecting dwelling houses), Mother of deceased son acquired only right of residence in son's house property.Which means as long as she is alive she can live in the house.Section 23 does not give any right of share to the female heir.Hence as per this section,after mother's death Deceased male's wife and children would be the only remaining legal heirs to the house property.
As regards 2005 Ammendment,the said Ammendment came in year 2005 whereas Mr X died in year 2002 at which time this Ammendment was not in force.The Right of Residence of deceased son's mother accrued in year 2002 when he died.Hence the said Ammendment does not apply in this case.
