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RamK2013 (manager)     06 August 2013

Mothers share in deceased son's property

Hi all

My father died recently without a will.   I have mother, sister and grand mother ( father's mother ).  So far based on the internet search, I realise that my grand mother also get a equal share(1/4th ).  Few years back,  my grand mother and my father did split the property between them  and have a written note as who gets what.   I would like to check with you all whether she will get another share ( 1/4 th ) on top of what she got before during the settlement with my father ?

Would appreciate your help on this.

Thanks



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 4 Replies

A.SUMATHY 9380902017 (LAWYER)     06 August 2013

Your previous settlement registered or not. If registered your grand mother have another 1/4th share of the your father property.

If unregistered don't worry your grand mother have right 1/4th share of the total property.

RamK2013 (manager)     07 August 2013

Thanks Madam.

Actually in the settlement agreement in 1998,  my father and his mother agreed that they will not get share in each other future earnings/properties,  they would share just blood relationship and not in terms of properities.   Is that document invalid as per hindu succession act ?

A.SUMATHY 9380902017 (LAWYER)     08 August 2013

As per the Indian stamps act. If document is unregistered it is  invalid before the law.

RamK2013 (manager)     09 August 2013

The document is registered and I have also consulted  few lawyers.  Few lawers say the document is valid and mother get no share because she agreed before that she will not get any share in future earning, however few layers say the document is invalid and mother will her share again.  The situation is very confusing and the law is not clear.


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