Naga Balaji (Law Student.) 09 September 2011

Peculiar case of inheritence of propert male dying intestate

A male dies living behind his Widowed Mother, Wife and only son.

Widowed Mother has yet another son and two daughters.

He had a propety of 3 Acres purchased on his name with his own fund when he was living as a nuclear family with his wife and only son.

After the death of the male. The patta was obtained in the name of his wife and son as his widowed mother in writting accepted to grand patta on the name of her grand son and daughter in law.

Even after his death Widowed Mother had not claimed any partition(division or share) over the land.

Widowed Mother has yet another son and two daughters as her legal heir.

The Widowed mother had died without claiming the party.

In this circumstances is it possible for the legal heir of the widowed mother of male to claim the property along with male's wife and only son left out?

In the above circumstances How would the property be distributed?

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6 Replies

(Guest)

Property wil be divided into five equal halves i.e every member being the legal heirs will get 1/5 share each and it also included mother his two daughters and two sons.

adv. rajeev ( rajoo ) (practicing advocate) 10 September 2011

Deceased had purchased the property from his own income amounts to its his self acquired property. Only his wife , son and mother are entittle for the share.

Naga Balaji (Law Student.) 10 September 2011

The property is self acquired property by the male out of his one income that too when he is living along with his wife and son only. The mother was not living with the male even till the death of male.

So i hope the property shall dwell upon his wife,son and mother.

But the difficulty arises when mother dies without claiming the property.

During the life time mother of deceased had not claimed the property and also she gave letter for patta to be registered on the name of Wife and son.

Then is it reasonalbe for other legal heir of deceased mother(i.e) her other two daughters, the other son to claim the property of deceased male which is self acquired by him?

If mother had failed to ask for partition or sub division in her life.

Is it possible for the brothers and sisters of the male (i.e) legal heir of mother to claim the male's self acqired property?

When Class 1 Legal heir (i.e) Wife and son is alive and mother is deceased. Is it possible for the Class 2 Legal Heir (i.e) Brother and Sister to claim the property of male through their mother who had not claimed the property and deceased?

If possible give me some examples of decided case laws in this form.

Sunith (Student) 10 September 2011

So i hope the property shall dwell upon his wife,son and mother.

But the difficulty arises when mother dies without claiming the property.

During the life time mother of deceased had not claimed the property and also she gave letter for patta to be registered on the name of Wife and son.

Then is it reasonalbe for other legal heir of deceased mother(i.e) her other two daughters, the other son to claim the property of deceased male which is self acquired by him?

If mother had failed to ask for partition or sub division in her life.

Is it possible for the brothers and sisters of the male (i.e) legal heir of mother to claim the male's self acqired property?

If possible give me some examples of decided case laws in this form

kumar t v s (advocate) 10 September 2011

There are two stages in this case

First: When the male (HINDU) died intestate his property will devolve on his heirs i.e. wife, son and mother, 1/3 each.

Second: When the mother died intestate her 1/3 share will be distributed to her legal heirs, i.e 2 sons and 2 daughter i.e. 1/3 * 1/4= 1/12 share will be available to all heirs of the mother (including the deceased son)

Therefore the deceased son's heirs shall have 1/3 +1/24 = 9/24th share each.

Wife=3/8 th, son=3/8, brother, two sisters= 1/12 each share.

However, since the mother did not claim any share during her life time and issued no objection for the patta in the name of the wife and son the same may be argued as the mothers final wish and her other son and 2 daughters may be kept aside from the property.

If the matter reaches court a good property trial advocate may be able to pull it through.

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Naga Balaji (Law Student.) 10 September 2011

Thank u Mr. Kumar sir,

Your Message was so helpful for me.

You had explained it lucidly in the best possible ways.

The other information that i wish to add along this is

One of the son of the mother had murdered the other son whose property is the fact in this case.

The deceased mother lived with son while he comitted the murder.

But he was acquitted in trial court before 8 years. Now only we decided to find any other option to appeal that case though the limitation time for the revision is over.

Whether this fact may be used as supportive evidene.