My brothers wife and son's right in my mothers property


I am in need of valuable advice of experts here on a property issue in Hindu family that --   

 My mother was having a self acquired property.  Property was at her own name a HIG Flat in ASHOK Vihar.  My mother   died in year 2011 intestate.  At the time of her death she left behind my father and two sons (including myself) as her class 1 legal hair since there was no WILL of my mother.    After one year my father died too in year 2012. Now we only two brothers were alive in the family.  My   bother was married and had been living separately with his family.  My brother also died in year 2014 leaving behind wife and two sons.    Now wife and son of my brother are claiming half share of the property  of my deceased mother ; though my brother died after  3 years of death of my mother  intestate and he was not a predeceased son of my mother.    Kindly advise me, if wife and son of my late. brother have any claim in my Mother’s self acquired property         

 
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FIN

It is good that you have clarified that you are all Hindu!

 

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. pre deceased sons, daughters…The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman there is NO concept of ClassI legal heirs like Hindu male… and the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly………….

 
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Thanks for your advice  Kumar Doab   sir.  However, my      query is about regarding   provision 10 ( chapter 1)  of Hindu Succession  ACT 1956   that provides  – the heir in the branch of each pre-deceased son or each pre-deceased  daughter of the intestate shall take between them one share.     

 

As per definition of pre-deceased   son or daughter --  son or daughter who has died before the death of the estate owner. But in my case, estate owner has died intestate before the death of her    two sons .  Hence   at the time of death of estate owner her both sons  ( Son A  and  Son B)   were alive as class -1  legal heir.  Subsequently  son   B   died after   few years of the death of the estate owner  .  Now the question is   whether after death of Some B ,     Son  A is  the only Class -1 legal heir  Or  he  has  to distribute share of property to the son and wife of   Son B who died after few years of death of estate owner.                                     

 
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FIN

The share of your brother shall devolve upon his spouse and children (since his mother pre-deceased him) ……………

Your mother’s whole estate/property devolves equally =1/3rd upon her husband, two sons…..( you have not posted if there was any daughter also)……………Thus 1/3rd share from flat devolves upon her husband, two sons.

Your father’s whole estate/property devolves equally =1/2 upon his two sons …..( since his wife pre-deceased him and you have not posted if his mother was alive as on date of his death). Thus 1/3rd share of father from flat devolves upon his two sons…

The share of your brother from flat shall devolve upon his spouse and children (since his mother pre-deceased him) ……………His whole estate/property devolves equally =1/2 upon his wife, son……

 

The process and procedure to get share updated in mutation records (by any mode say; WILL, inheritance..) is simple.

The authority under whose jurisdiction property falls say ;MC……..has a set procedure for such matters if NO WILL has surfaced; Inestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

 

 
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FIN

Ramesh Singh is fortunate to understand that Ramesh Singh is  in the wrong club…

 

 
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Ramesh Singh sir , while I have gone through your expert advice , I am still unable to understand the interpretation of word ( predeceased son and daughter ) since Hindu Succession ACT 1956 provides that – the heir in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Many of the interpretations says pre-deceased son or daughter means son or daughter who have died BEFORE The DEATH of estate owner (mother\ father) and only in such eventuality grandson or granddaughter are eligible for their father’s share. But in my case there was no pre-deceased son at the time of death of estate owner. Kindly advise
 
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