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Ami   27 June 2021

Heirs of deceased and bedkhal peron

A person, Hindu by religion, died without leaving will. He is survived by his wife and minor son. He was bedakhal by his father long before death. Mother and father live together at another place. Can mother be the legal heir of the deceased person? Who can be the legal heirs?


 9 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     27 June 2021

His wife, minor son(being the guardian is the mother), his parents have rights over his property.

1 Like

Dr J C Vashista (Advocate)     29 June 2021

Bedkhal has "no" effect in succession of intestate and/or ancestral property.

Consult a local prudent lawyer for appreciation of facts/ documents and professional advise.

1 Like

P. Venu (Advocate)     29 June 2021

Yes, the "bedakhal" is of no legal effect. The mother continues to be Class I legal heir to the deceased.


1 Like

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

The class I legal heirs of the deceased are his wife, children and mother.

It is immaterial of the fact that he was a bedhkal or not.


1 Like

Ami   30 June 2021

Thank you gentlemen for your response. I really appreciate your effort, valuable time and advice.

In the above scenario can you throw light on the applicability of "tenancy by entirety" in jointly owned immovable property i.e. regarding transfer of shares in the property. 

T. Kalaiselvan, Advocate (Advocate)     30 June 2021

For certain states, Tenants by Entirety (TBE) is a system by which married couples may hold the title to a house. For one partner to change his or her interest in the property in some way, it requires the consent of both the spouses in full. It also specifies that the surviving partner shall gain full ownership of the property if one partner passes away.

All partners are jointly in control of the property as a whole, rather than any section where each of them will have sole ownership. The tenants' rights in their entirety will supersede the terms set out in a will or trust that could otherwise give heirs the property upon the death of either of the spouses.

TBE form of ownership is exclusively for property shared by legally married individuals. The right of survivor also operates in full in the case of the tenancy. In the event of one's death, their value is passed on automatically to another. Similarly, in the case of joint occupancy, tenants will occupy the property in full at the same time, along with equal interest, by one sale deed.


P. Venu (Advocate)     01 July 2021

What is the context for "tenancy by entirety"? Why this issue was not raised while posting the query? How you are related to the deceased person or in other words, what is your concern in that the mother inherits part of the  deceased person's property? 


Ami   01 July 2021

Some of the property is owned in the individual capacity while others with the spouse. So the matters have to be treated as per specific rules. Is there a scenario where Hindu succession Act overrides the Succession of property act or other way round ? Or do these acts never cross each other?

P. Venu (Advocate)     02 July 2021

Please post specific query with complete facts. Please note that this platform is meant for needy litigants and those who are in the receiving ends because of wrong application or incorrect understanding of law so that their legal rights are protected.

However, you are in a mission extract suggestion from this forum to deprive the mother of the deceased of her lawful right in the property by posting information piecemeal. 

Please note that your attempt in playing hide and seek with facts amounts to abuse of this platform.

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