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Aarti   18 April 2017

Mothers claim on the self made property of the deceased son

Hi my husband past away last month. He is left behind by me his widow n our 8year old daughter. My in laws stay in a seprate flat in d same building. They have issued a notice to our Society claiming they are concerned for my daughter and to safe guard her interest no third party rights should be created to sell our flat without her consent as she is a class 1 heir as per the hindu inheritance law 1956. The flat is jointly owned by me n my deceased husband. 1.Is this legaly correct. Even if this flat was solely purchased on loan by my deceased husband who was solely paying the loan. 2. Can i challange this notice. As i fail to understand how a 3rd person decide mine n my daughters future. 3.Do i have any protection hear.


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 6 Replies

Kishor Mehta (CEO)     18 April 2017

Madam, The contention of your in-laws is correct,

P. Venu (Advocate)     18 April 2017

Yes, your mother-in-law is a class I heir, and in the absence of any Will executed by your late husband, the property stands vested jointly with you, your child and mother-in-law. This is the law of the land, However, this provision could turn out to be inequitable in the exceptional case of a married son predeseasing his mother.

Lawyer, Bonum Lex LLP (Law Firm)     18 April 2017

This is right that the widow of a hindu male and his daughter both fall in the category of class one legal heir as per Hindu Succession Act, 1956 . In parallel it is also established that mother becomes a natural guardian of a minor after the death of his/her  father and while keeping the child's welfare in view and as per the cirumstantial demand she is entitled to take a decision which should be beneficial for child's present status and should not affect child's future adversatively.

 

Kumar Doab (FIN)     18 April 2017

Mother of deceased Hindu son is ClassI legal heir of her deceased son.

 

 

Kumar Doab (FIN)     18 April 2017

Venu Sir,

You have made a very interesting observation.

Kindly illustrate.

Aarti   20 April 2017

Thank you every one for ur reply. Venu sir thanks for providing a ray of hope. Its good to know d law of d land. But how could i protect myself n safeguard mine n my daughters interest if someone is misusing the law just to creat trouble. As my husband i no more n i am a house wife if i have a financial crisis or a medical problem i will have to be dependant on my Mother in laws approval to sell this house if need be to coverup d expenses n buy a smaller house. Please advise

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