Mother's right to deceased son'e property


Grandfather died intestate in 1997 leaving behind a wife, 2 sons and a daughter. Second son died in 2000 leaving behind a wife and a son. Family partion has not yet been done. Grandfather's property is being divided into 4, one each for wife, 2sons and daughter.

Now my question is how the deceased son's share would be partitoned? Into 2, one each for his wife and son or into 3 one each for his mother, wife and son?

 
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FIN

Prefer amicable registered family settlement.

It is believed that deceased were Hindu.

ClassI legal heirs are: Mother,spouse,sons,daughters................and seem to be   present and shall get equal share.

If Grandfather's mother is alive she will also get equal share.

 

Son's share shall be equallly devided amongst;Mother,spouse,sons,daughters

..................So mother of deceased son gets equal share.

 

 

 
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The mother of the decesed son is also a legal heair so she is also entitled for her respective share of her deceased son in the coparcenary property.

Reference by

K.Selvakumar 

Sr Council Supreme Court Of India.

 
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The mother of the decesed son is also a legal heir so she is also entitled for her respective share of her deceased son in the coparcenary property.

Reference by

K.Selvakumar 

Sr Council Supreme Court Of India.

 
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