Right of mother on property of deceased son
Querist :
Anonymous
(Querist) 30 November 2009
This query is : Resolved
Dear All,
My Brother (hindu male) died intestate in 2004. He leaves behind widow, 2 minor daughters and mother. My father executed a registered will about 24 years back as per the will of my father my brother and myself got each 4 acreas of land. My elder mother has registered settlement deed in favour of my brother ,through that settlement deed my brother got another 3 acreas of land.
what are the rights of the mother,widow and the 2 daughters on the properties of the deceased. Plz coment on this with recent judgements.
A V Vishal
(Expert) 30 November 2009
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.
