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skanthahyd (proprietor)     27 January 2010

Hindu succession act

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



 14 Replies

Vijay Kumar (Advocate)     27 January 2010

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.

1 Like

Adinath@Avinash Patil (advocate)     27 January 2010

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.

1 Like

rajkumar.vnm.marupeddi (advocate)     28 January 2010

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. 

1 Like

skanthahyd (proprietor)     28 January 2010

Dear Experts,

 Plz  give your valuable suggestions on the issue.

Regards,

Skantha

 

 

seema arora (teacher)     29 January 2010

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

 

Adinath@Avinash Patil (advocate)     29 January 2010

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.

1 Like

seema arora (teacher)     30 January 2010

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

Adinath@Avinash Patil (advocate)     30 January 2010

DEAR SEEMA,

THRE IS ONLY REMEDY TO FILE CIVIL SUIT FOR PARTITION.

1 Like

G. ARAVINTHAN (Legal Consultant / Solicitor)     31 January 2010

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

seema arora (teacher)     03 February 2010

dear Experts
can I file the suit of partition directly in Supreme court /how can i use that my brothers are
diccrimnating me by saying to terminate all relationship with me

regs

ak05 (nil)     27 March 2010

Hello Sir, I have a query on Hindu succession act.

 

Hi, I have a query on the Hindu succession act.

A  has been living with his maternal Grandfather since his parents expired in 1993.

The court had appointed A’s maternal Grandfather as his legal guardian.

As of today, A is 24 years of age.

A’s maternal grandfather expired in 2009 leaving behind following heirs:

1) His Wife(A’s maternal Grandmother).

2) His son (A’s maternal uncle).He is married(in 1980s).

3) His first daughter(A’s maternal aunty).She is married(in 1980s).

4) His second daughter(A’s Mother). She expired in 1993.      

A’s maternal Grandfather has left behind following property

1) Movable assets : Savings and FD accounts.

2) Immovable assets : flats.

A’s maternal grandfather has not left any will(Intestate). So being the son of a pre-deceased daughter(A’s mother in this case), is A eligible for a share in the above said property of his maternal grand father as per the Hindu Succession Act. If yes, what role will he play I mean what would be his rights in this case.

i.e After the death of A's maternal grandfather who will come into picture as the legal heirs(from the list mentioned above) and how will be the property be divided among them. Will each of them have equal share?

  Please clarify, this is very urgent. Thanks in advance.

Mendu.sureshbabu (lawyer)     27 March 2010

Sir,

As per the information furnished by you the judgment of trial Court is erroneous.Mother is Class -I heir as per Hindu law.It is immaterial whether she is living separately from his son or she having some other property.The succession will be worked out as per law.

Suryanarayana Tangirala (Advocate)     27 March 2010

No you cannot approach Supreme Court directly,gender discrimination? your protected under Law!!!

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 March 2010

Our constitution has laid down step by step consideration of law.. Hence first apt an appeal. then you can succeed


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