Upgrad LLM

hindu succession act

proprietor

Dear Experts,

If a Hindu male died intestate having self acquired property of 7 Acres of agriculture land. He used to live separately with his wife,and 2 daughters. His mother is living separately. I.e. it is not a joint family. The mother is having 3 acres of land on her name. Her daughter-in-law is not willing to take of her after the death of her son. The mother filed a suit for partition in the properties of the deceased son.

But the lower court dismissed her petition saying that she is not the legal heir of the deceased son and the properties of the deceased son are self acquired and it is not a joint family.

1.Is it legally valid?

2. Doesnt she get share as she is living separately?

3.Doesnt she get share as she is having property of 3 acrs of agriculture land on her name?


Now the mother wants to move to district court to get justice. Will she able to get her share of property in the deceased son. Plz advise.

Regards,
Skantha

 
Reply   
 
Advocate

1 It is an illegal order unsustainable in the eyes of law. Mother is legal heir alongwith wife and childern.

2 There can be no such ground to deprive her. 

3 She cannot be denied her right on this ground.


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advocate

1] the judgment of trial court is totaally wrong .

mother is legal heir of her son .

2] Mother can't be deprived .Mother can get her share from her son's property.

3] Mother can get her share if she file appeal.


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Reply   
 

The property of deceased Hindu male(intestate) shall be divided among the heirs in class I of the Schedule of Hindu Succession Act 1956, in your case, who are wife children and mother. The Judgment of trial Court is erroneous and illegal. Undoubtedly, your mother will succeed if she prefers an appeal. 


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Reply   
 
proprietor

Dear Experts,

 Plz  give your valuable suggestions on the issue.

Regards,

Skantha

 

 

 
Reply   
 
teacher

Dear experts
can i claim my share in my fathers property   as my father passed away just few months before my marriage and left no will
all the details of his property are with my brothers to whom my relations are not good kindly advise

regards

 

 
Reply   
 
advocate

YES SEEMA YOU CAN CLAIM SHARE IN YOUR FATHERS PROPERTY. YOU CAN FILE CIVIL SUIT FOR PARTITION AGAINST YOUR BROTHERS AND ALL LEGAL HEIRS OF YOUR FATHER.


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teacher

dear sir
as i am a  working woman with limited resources and as my  knowing tells these civil suits take
very long time

can i file suit on the lines of Gender dicrimnation  further directly in Supreme Court

kindly guide

 
Reply   
 
advocate

DEAR SEEMA,

THRE IS ONLY REMEDY TO FILE CIVIL SUIT FOR PARTITION.


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Legal Consultant / Solicitor

 go for appeal and place judgments to show mother is a legal heir for the self acquired property of her child.

 
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