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Neil Paul   02 February 2021

Legal Heirs

Hello guys, I need to know about a few things. Please provide help.

Recently my mother passed away last year in the month of July. We have a property dispute that was going on among my mother and her brothers. My uncle's wanted to avoid providing any share in the property to my mother because they admire a myth that women (daughters) do not have rights in parents property.

I wanted to know, that since my mother is no longer her, If the property is divided among my uncle's, would I have a legal right in my mother's property? If anyone, avoids me or deprives me from my right what am I supposed to do? How should I proceed for to seek justice?


 8 Replies

Vikram Shah   02 February 2021

according to the rule passed in 2006 in the apex court states that every child of parenrs, whether male or female, are legally eligible for the share of the property of their parents equally amongst them
1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     02 February 2021

Your mother has an equal right with her siblings over the property of her parents.  After getting her share, her share will be divided among her children and husband.

Nandini Warrier   02 February 2021

Good evening,

Under Hindu succession Act, 1956, section 14, 15 and 16 talks about the inheritance of a married woman's property and who will inherit it, like legal heirs. Section 14 defines what constitutes as a woman's property, be it movable and immovable, though it does not mention if it is inherited or self acquired. 

Section 15(1) talks about the preferences of how the property will be passed on, to the legal heirs. 

 1. First preference to sons and daughters, including children of any predeceased son or daughter, and the husband

2. Heirs of the husband

3. Father and mother

4. Heirs of the father; or

5. Heirs of the mother

Section 15(2) talks about distribution of the property, depending on whom she got the property from. 

If as her son, you are deprived of your right to the property, you can send a legal notice to your uncle, or file for your claim in the civil court. 

Hope this helps

Regards,

Nandini.

 

 

1 Like

G.L.N. Prasad (Retired employee.)     03 February 2021

The following is the status as stated by you in the query: We have a property dispute that was going on among my mother and her brothers -Recently my mother passed away last year in the month of July.

If the dispute is in court contact the advocate for impleading or let the other party implead you as legal heir and successor of the deceased.  This is on a presumption that the dispute is in court or at least some exchange of notices etc were taken place.  Ultimately it is your local advocate that has to issue a notice to your maternal uncles depending on documents available.
 

Sheo Shankar Sharma   03 February 2021

now h hv enough advices reg ur query so immediately contact ur local ADV n go ahead u will get it legal claim hurry
1 Like

Debraj biswas   03 February 2021

you have also right to adopt your mother's property.
Under Hindu succession act,1956 almost define that right how to achieve ur legal heirs . like to be that

(1) First preference to sons and daughters, including children of any predeceased son or daughter, and the husband

(2) Heirs of the husband

(3)Father and mother

(4)Heirs of the father; or

(5) Heirs of the mother

Section 15(2) talks about distribution of the property, depending on whom she got the property from. 

If as her son, you are deprived of your right to the property, you can send a legal notice to your uncle, or file for your claim in the civil court. 
Regards,
Debraj Biswas.
1 Like

P. Venu (Advocate)     03 February 2021

"We have a property dispute that was going on among my mother and her brothers" What is the dispute? Please provide complete details.

Vasundhara Singh (Student)     04 June 2021

 Hello, Greetings of the day!  

The distribution of property is governed under various laws in India. Inheritance of property among Hindus is governed by the Hindu Succession Act, 1956. Sections 14, 15, and 16 of the Act deals with the inheritance of the property of a married woman. Firstly, after the 2005 amendment in the Act made the daughters co-heirs in the property of their parents and entitled to get equal share in the property as the male members.   

After the death of the woman, if she is married her property is divulged to her legal heirs as per Section 15 of the Act. First preference is given to the sons, daughters, and the husband of the deceased, and the property is divided among them equally.  

Divulsion of property among Muslims is done according to Muslim personal and inheritance among Christians is done according to the provisions of the Indian Succession Act, 1925. Indian succession deals with both testamentary and intestate successions relating to Christians, Sikhs, Jains, Buddhists, and Parsis.  

Best Regards,     

Vasundhara Singh    

Law Student    


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