Kazz (Business) 31 January 2009

Hindu Succession Unfair

Sirs,

A Male Hindu (age 45)died in 2005. He died instate leaving behind self earned land (commercial & residential property).The land was equally partitioned by the local Mandal Revenue officer amongst Mother, 3 Sons and Widow on request by the mother of instate. Mother died instate in 2008. Mother had two daughters and two sons. In view that property is self earned by her deceased son, how will be the succession of the mothers part of property? The deceased son was always at loggerheads with his other siblings and if they claim a share in this property by law of succession from their mothers side then they can cause great trouble to the deceased son's family. Please advice

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4 Replies

PALNITKAR V.V. (Lawyer) 01 February 2009

the property which fell to the share of mother becomes her self acquired property. Hence, the family of deceased son would have no voice in the matter except to take recourse to other laws if the heirs of the mother encroach upon the rights of the family member of deceased son.

Kazz (Business) 02 February 2009

Mr. Palnitkar,

Thanks for the advice. Is there any way ahead to safeguard the interest of the family other than going to each and every successor and ask for their release of the share as we are sure that they will ask for a hefty ransom.

Thanks,

Kazz

Rajalaxmi Dei (College Lecturer) 11 February 2009

Whether it is self acquired or inherited?

Rajalaxmi Dei (College Lecturer) 11 February 2009

Whether it is self acquired or inherited for the mother? It appears proper to classifiy it as inherited property in the hands of the mother beacause she inherited it from her deceased son as a legal heir.