Mother's rights in prperty
Kirti Trivedi
(Querist) 30 October 2015
This query is : Resolved
Sirs,
Regarding house property, mother and son was equal shreholder of house property but Mother had left her share by 'Deed of Release' which was signed at sub-register office in favour of his son.
After some years her son's deth, in this situation, is mother equal shareholder of this property ? I mean now can mother demand for her share as equal as her died son's wife, two sons & two daughter?
And in-case of sale of property, is required mother's signature?
Thank you.
Anirudh
(Expert) 30 October 2015
On the death of her son, the mother is one of the Class-I heirs. The wife of the deceased is also one of the class-I heirs of the deceased besides the son(s) and daughter(s) of the deceased.
Therefore, if you have your mother-in-law, yourself, two sons and two daughters, then the property left behind by your deceased husband will have to divided into 6 equal shares. 1/6th share will go to your mother-in-law.
As your mother-in-law has 1/6th share in the property, if you want to sell the property, then you require the signature of your mother-in-law also.
Rajendra K Goyal
(Expert) 30 October 2015
Mother is legal heir of the property of her deceased son (if hindu and died intestate) and she would inherit. At this stage her previous release deed in favor of son will have no effect.
