Share of Mother
Querist :
Anonymous
(Querist) 06 June 2011
This query is : Resolved
My brother passed away leaving behind his wife, 2 sons and a daughter and my mother.
He has a self earned property. We are Hindus and would like to know what is the share of our mother in his property. Some advocates say it is 1/3 and some say it is 1/5. Which is correct?
PALNITKAR V.V.
(Expert) 06 June 2011
10. Distribution of property among heirs in class 1 of the Schedule. -
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-
Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.
Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.
Rule 3.- The heirs in the branch of each pre-deceased son or each pre-
deceased daughter of the intestate shall take between them one share.
Rule 4.- The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.
According to this section, the share of mother shall be 1/5 because mother wife, sons and daughter will get equal share
Querist :
Anonymous
(Querist) 06 June 2011
Is there any case law for the above?
R.Ramachandran
(Expert) 06 June 2011
Dear Mr. Anonymous,
Case laws may be required only where there is scope for confusion on a particular provision.
In the instant case, the statutory provision is quite clear and unambiguous.
The widow, son(s), daughter(s) and mother of the intestate are his class-I legal heirs. All of them are entitled for equal share.
Therefore, the property left behind by the deceased will get divided into 5 parts and all the eligible legal heirs will get 1/5th share.
The question of anybody getting 1/3rd share in the fact situation given by you simply does not arise.
Whoever said that the mother will get 1/3rd share, I simply doubt whether he is a lawyer at all.
Querist :
Anonymous
(Querist) 07 June 2011
The confusion comes because the Hindu Succession Act Section 10 says "Sons and daughters" and not "sons, daughters". Does this mean that "Sons and daughters" (children) should be seen as a group and they get one share. That is why I asked for a case law.
Raj Kumar Makkad
(Expert) 07 June 2011
There is no any doubt in either Act or its prevailing interpretation. Mother is entitled to inherit equal share as all other legal heirs of deceased get individually. In the instant case mother is entieled to inherit only 1/5 share and not 1/3.
prabhakar singh
(Expert) 07 June 2011
Schedule: CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
SECTION10. "Distribution of property among heirs in class I of the Schedule
The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules :
Rule 1-The intestate's widow, or if there are more widows than one, all the widows together, shall take one share.
Rule 2- The surviving sons and daughters and the mother of the intestate shall each take one share.
Rule 3- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the insteatate shall take between them one share.
Rule 4- The distribution of the share referred to in Rule 3-
(i) among the heirs in the branch of pre-deceased son shall be so made that his widow (or widow together) and the surviving sons and daughters get equal portions; and the branch of his predeceased sons gets the same portion;
(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions."
IN RULE 2 THE CATCH WORD IS "EACH" NOT THE WORD"AND"
AND AS REGARDS TO CASE LAW THERE ARE SEVERAL.DO SOME HOMEWORK FOR THAT.
THE ANS TO YOUR Q"My brother passed away leaving behind his wife, 2 sons and a daughter and my mother."
HERE ALL CLASS ONE HEIRS ARE FIVE.1 SHARE GOES TO YOUR BROTHERS'WIDOW AS PER RULE 1 THEN AS PER RULE2 EACH ONE OF 2SONS 1 DAUGHTER 1 MOTHER GETTING ONE SHARE,THEREFORE ADVOCATES WHO OPINED THAT 1/5th FOR EACH ONE CLASS ONE SHARERS ARE PERFECTLY CORRECT.
ASK WHO OPINE 1/3,TO DEMONSTRATE HOW?
