Inheritence
sangeeta
(Querist) 14 June 2013
This query is : Resolved
Mr. A purchased a land with his own money.He has a mother and 7 brothers.He has a wife and a son and a daughter.Mr. A died. Does A's mother have a right on the property?
A's mother had died after A's death. Do the 7 brothers have a right then?
M.Sheik Mohammed Ali
(Expert) 14 June 2013
"A" legal heirs only get rights, others could not have rights for A shares.
sangeeta
(Querist) 14 June 2013
Does A's mother have a right as she was alive when Mr. A dies??
R.K Nanda
(Expert) 14 June 2013
7 brothers have no right.
A mother had share when she was alive.
sangeeta
(Querist) 14 June 2013
So when mother died will her part of the share go to her other 7 sons also?
R.K Nanda
(Expert) 14 June 2013
no,it does not.
Raj Kumar Makkad
(Expert) 15 June 2013
The share obtained by the mother of the deceased A shall further shall be inherited by her legal heirs means between 8 sons ( 7 alive and legal heirs of A) in equal share.
sangeeta
(Querist) 15 June 2013
Sir , I saw a similar case that I have copied here. I didnt understand if the provision is there or not..Does the source rule apply or not?...I request you to please explain in detail
Author : Sandeep Singh
Posted about a year ago
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?
Expert : raj kumar makkad
Posted about a year ago
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.
Dr. Jyothi Vishwanath
(Expert) 15 June 2013
Mother has a share in Mr.A's property but his brothers do not have. Since mother has died and now the claim is being raised, brothers have no right to it at all.
sangeeta
(Querist) 16 June 2013
Could you please help me with the decided case or the section numbers to show that the brothers dont have a right on the share of Property that A's Mother got after her death?...please help me
Dr. Jyothi Vishwanath
(Expert) 16 June 2013
Refer Section 8 of the Hindu Succession Act, 1956.
Refer Class I and Class II List of the Schedule to the Act
sangeeta
(Querist) 16 June 2013
But section 8 says that first class 1 hier will get it ...which means widow , son , daughter and mother of A will get. But where is the prrof that the share of mother A will revert back to the widow son and daughter and not go to the class 1 heir of A's mother?
Dr. Jyothi Vishwanath
(Expert) 16 June 2013
If property now divided as per section 8, it will be divided equally among all those who are present. Since mother has already died, her share is not allotted to her.
and 7 brothers cannot claim anything.
sangeeta
(Querist) 16 June 2013
Jyothi mam section 8 would apply when Mr. A died. On that date Mr A's mother was alive, by virtue of section 8 she will have an equal right to the property. Now when mother of Mr. A died what would happen to her right on Mr.A's property? Will your above answer remain the same
Awaiting reply...
Sorry for the trouble
Anirudh
(Expert) 17 June 2013
Dear Sangeetha,
When A died, his mother will get a share.
When A's mother dies, the share she got from A's property will go by way of inheritance in terms of Section 15 of the the Hindu Succession Act.
According to that Section, all her class-I heirs (which includes all her sons including the sons/daughters of her pre-deceased son!) will get the share.
The source rule [Section 15(1) and 15(2)] have no application to the present case for the following reasons:
(a) The mother of A did not inherit the property from her father or mother - therefore Sec. 15(1) is ruled out.
(b) Similarly, the mother of A did not inherit the property from her husband or father-in-law. therefore Sec. 15(2) also ruled out.
Dr. Jyothi Vishwanath
(Expert) 17 June 2013
Mother takes 1/4 the share in the property of A. After her death, her sever sons have right in her property under Section 15.
