j.shah (chief manager) 13 December 2013

Mother's write in son's property

Sir,

A hindu male died without will - leaving wife,daughter and mother(Mother-Not residing with the deceased son but residing with her alive husband and other sons). the mother died after some time Now the wife and Daughter only alive. Now whether the Father or Brothers of the deceased male can claim on the property of deceased which was self acquired?

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4 Replies

Simi Salooja (Legal Secretary) 13 December 2013

Hello J Shah,

The first right on the self acquired property is of the wife, then daughter and in case none then father and later on brothers...

Hope this clears the air...

Regards

Simi

Laxmi Kant Joshi (Advocate ) 13 December 2013

Wife and daughter are the legal heirs of the deceased , they have only legal right over his property.

Kumar Doab (FIN) 13 December 2013

In case of a Hindu Male dies without leaving a valid WILL :

Class I relations are:

Son/Daughter
Widow
Mother
Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
Son/Daughter of a pre-deceased Daughter
Widow of a pre-deceased son
Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
Widow of a pre-deceased son of a predeceased son

The wife and daughter may get 1/3^rd of the wealth.

The 1/3^rd share of the mother may be divided in equal parts amongst the legal heir of the deceased mother.

j.shah (chief manager) 13 December 2013

Sir,

As I came to know from internet search that the mother also come under class-1 heir hence whether mother also eligible for 1/3rd part? Here Mother died without demanding any share. But the Heirs of mother (husband,other sons) can demand the share?