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.
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.
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