Hindu Succession ACt
Querist :
Anonymous
(Querist) 27 January 2010
This query is : Resolved
Dear Experts,
If a Hindu male died intestate having self acquired property of 7 Acres of agriculture land. He used to live separately with his wife,and 2 daughters. His mother is living separately. I.e. it is not a joint family. The mother is having 3 acres of land on her name. Her daughter-in-law is not willing to take of her after the death of her son. The mother filed a suit for partition in the properties of the deceased son.
But the lower court dismissed her petition saying that she is not the legal heir of the deceased son and the properties of the deceased son are self acquired and it is not a joint family.
1.Is it legally valid?
2. Doesnt she get share as she is living separately?
3.Doesnt she get share as she is having property of 3 acrs of agriculture land on her name?
Now the mother wants to move to district court to get justice. Will she able to get her share of property in the deceased son. Plz advise.
Regards,
Skantha
B K Raghavendra Rao
(Expert) 27 January 2010
When a person had self-earned property, dies intestate his property goes to his legal heirs. Class I legal heirs succeed him. Here in this case, he leaves behind wife and two daughters as successors. Therefore, his property goes to his wife and two daughters in equal shares.
Mother does not get any share. Position of law is same whether she lived with the deceased son or not, whether she owned agricultural land or not. Therefore, even if she goes to district court, she would not succeed.
A V Vishal
(Expert) 27 January 2010
Mr Rao & Yadav
Mother is also included in Class I heir then why cannot she succeed?
Querist :
Anonymous
(Querist) 27 January 2010
Dear Rao & Yadav,
As the mother is included in class I heir in the properties of her Hindu intesate deceased son self acquired properties under hindu succession act 1956 why doesnt she get her share under the act?. Plz give details.
Raj Kumar Makkad
(Expert) 27 January 2010
Mother shall be entitled to an equal share with the other legal heirs of the deceased Hindu leaving behind his self acquired property.
B K Raghavendra Rao
(Expert) 28 January 2010
Mother does not get share as she has separated herself from the coparcenary before his death under Explanation (2) to Section 6-B State Amendment - Karnataka - of the Hindu Succession Act, 1956.
A V Vishal
(Expert) 28 January 2010
6B. Interest to devolve by survivorship on death.- When a female Hindu dies after the commencement of the Hindu Succession (Karnataka Amendment) Act, 1990, having at the time of her death an interest in a Mitakshara co-parcenary property, her interest in the property shall devolve by survivorship upon the surviving members of the co-parcenary and not in accordance with this Act:
Provided that if the deceased had left any child or child of a pre-deceased child, the interest of the deceased in the Mitakshara co-parcenary property shall devolve by testamentary or intestate succession, as the case may be, under this Act and not by survivorship.
Explanation.- (1) For the purposes of this section the interest of female Hindu Mitakshara co-parcener shall be deemed to be the share in the property that would have been allotted to her if a partition of the property had taken place immediately before her death, irrespective of whether she was entitled to claim partition or not.
(2) Nothing contained in the proviso to this section shall be construed as enabling a person who, before the death of the deceased had separated himself or herself from the co-parcenary, or any of his or her heirs to claim on intestacy a share in the interest referred to therein.
Even going by the amending act, the mother cannot be a co-parcener in her son's HUF further the meaning of the words separated himself or herself from the co-parcenary is in relation to the co-parceners of the son's HUF by way of partial or full partition, in my opinion, the mother has right in her son's property.
N RAMESH.
(Expert) 29 January 2010
//His mother is living separately. it is not a joint family.//
Joint family concept is something different. Don't confuse it with the present case.
//The mother is having 3 acres of land on her name.//
Having properties in her name does not debar a legal heir from claiming inheritance.
//A Hindu male died intestate having self acquired property of 7 Acres of agriculture land. He has mother, wife,and 2 daughters. The mother filed a suit for partition in the properties of the deceased son.//
//But the lower court dismissed her petition saying that she is not the legal heir of the deceased son and the properties of the deceased son are self acquired and it is not a joint family.//
Mother is a class-I heir of son. As you have clearly stated that the property was self acquired property of son. Mother is absolutely entitled to 1/4th share along with wife and 2 daughters.
Since it is self acquired property, discussion with regard to "coparcenary" is immaterial and redundant.
If the judgement says otherwise, it is factually as well legally incorrect.
Mother can prefer appeal.
Have you seen the judgment. Please post a copy here. I still hope that it could not be so.
Guest
(Expert) 30 January 2010
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