Share of property
sunil kumar
(Querist) 09 August 2016
This query is : Resolved
My father died leaving behind his mother and wife and two children as legal heirs.his mother died after one year.what happens to the share of his mother? Will it revert back to other class 1 heirs i .e wife and two children .she did not leave any will and nothing was transferred in her name.the property was self acquired by my father.
Kumar Doab
(Expert) 09 August 2016
It is believed that you are Hindu.
The share of mother ( Hindu female) shall devolve upon her husband and sons and daughters.
If inheritance was not updated in mutation records it error by Legal Heirs.
If inheritance was not updated in mutation records by error by Legal Heirs, it does not change the status.
Rajendra K Goyal
(Expert) 09 August 2016
In Hindu share of deceased lady would be inherited by Husband and her children (your uncle and aunt in this case and your fathers share from mother would be inherited by his wife and children).
sunil kumar
(Querist) 09 August 2016
Sir but in this if the share goes to my uncle wouldnt this amount to drifting of property from the source as my father property is self acquired.will the share revert to original class 1 heirs i.e. my mother myself and my sibling.
Kumar Doab
(Expert) 10 August 2016
You have posted that:
"his mother died after one year."
We have already posted that;
"The share of mother ( Hindu female) shall devolve upon her husband and sons and daughters."
Hemant Agarwal
(Expert) 11 August 2016
1. Father's property is self-acquired. Hence inheritance rights, by legal default, vests "ONLY" with his "alive" wife and children AND NOT to father's mother.
2. The above rule changes, "IF" the Father has made a will (for his self-acquired property) bequeathing /giving some share of his property to his Mother. IF no will (testamentary document) is available THEN mother gets nothing, subject to Father's wife and children being alive.
3. If fathers will is available in favor of father's mother, THEN deceased mothers share will be divided amongst mothers available legal heirs ELSE all the residual property of the deceased mother, by legal default, will vest with the Fathers legal heirs, as alive on date.
Keep Smiling .... Hemant Agarwal
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Guest
(Expert) 11 August 2016
Mr. Sunil,
In fact, yours is a very intelligently framed academic query to be posed to law students.
However, if your query relates to your real problem, drifting or no drifting of property from the original source or being your father's self acquired property, provisions of law have not been made to drift so far.
Doubtless the mother of your father was one of the I class heir and consequently, your uncle happens to be the I class heir of his deceased mother to be entitled to the property share of her mother.
Why don't you take a lead to file a PIL to get the provisions of the Act changed?
Kumar Doab
(Expert) 11 August 2016
The author has posted that:
"My father died leaving behind his mother and wife and two children as legal heirs.his mother died after one year."
Apparently the father has not left any WILL.
Isn't it that: The intestate’s widow, shall take one share.
And the surviving sons and daughters and the mother of the intestate shall each take one share.
Raj Kumar Makkad
(Expert) 12 August 2016
As inheritance of your deceased father has also gone to your grandmother so on her death, her inheritance shall further go to her class 1 heirs may it include your uncle or aunt including one share in name of your deceased father which shall now vest in you.
