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Satish (Marketing)     21 February 2012

Mothers right on deceased son's property

Respected Sirs,

My father in law had expired in 1990, leaving behind his wife, daughter and son. He had acquired a land and constructed a house by then, so his death left them behind with this property in which they live till date. However his mother also began to live with them after her sons death as moral support to her daughter in law family. Though mother had another son with whom she had difference of opinion because of his love marriage.

However on a different note, the other son did take the lead and took care of his brothers family by becoming a fatherly figure to them. But today this man is quoting that his mother has an equal share in his brother property and hence trying to force sell the property. He has now started to threaten the family that if his mother is not given the share he would go legal and disturb their mental state of mind. Mother has one son and daughter now who live, this is apart from the son who expired.

Kindly advice on the below

  • Does mother have any right on her sons property when it was self acquired and no ancestoral property involved?
  • Does mother have any right on her sons property when she has another son and which means she is no dependant member?
  • Can anyone file a legal case against this widow and her children who are married today asking them to part away with their property and give equal share to her mother in law?
  • Is it right in understanding that Hindu Law for succession of property differ from region to region and if so we live in southern part of India? So kindly advice only pertaining to south.

Your advice on the above shall be of great assistance to us, as the matter is taking a ugly shape and we would like to protect ourselves.

Regards,

Satish



Learning

 2 Replies

Shantilal Pandya ( Advocate)     22 February 2012

your  statement of  facts  are confusing,  which  requires clarifications, how many  heirs  IE widow ,sons  and daughters  of the  deceased  were left behind  by the  deceased  owner ?how ever  the law  of  succession  in case of a male Hindu dieying intestate  is like this

Assuming that the  parties  are governed by Hindu law

1. all the  heirs   of   class 1 IE  sons daughters widow  and  mother of the  deceased  take  equally  among them 

2. therefoer  the  widow  of the  deceased  is  entitled  to a  share  equal to a  share  of other   sons or daughter .  The title of this  querry is  also   confusing  yet  it is  clarified that  the  mother  has  also  a  share  in the property of  her  deceased son  equal to that  of  the deceaseds   widow 

 

k.chandrasekharan (advocate)     22 February 2012

Assumption:

1. The deceased died intestate. (without leaving any will).

2. The property in question is in the single name of the deceased.

3. There is adequate documentary proof to prove it was the self-acquired property of the deceased (salary certificate, home loan account, provident fund withdrawal for housing purpose, income tax return etc).

If the above are satisfied then the property can be proved to be the self-acquired property of the deceased.

Since he was a Hindu male dying intestate, the class 1 heirs of the deceased have equal share. That is, the mother of the deceased, his widow, his sons and his daughters. So, if the total number of such heirs is say X, then each such heir has got 1/X share.

Any legal heir can claim partition by filing a suit.

If the deceased had left any will, the property will go to the beneficiary(ies), as named in the will. If the property is situated in Chennai, then a probate order is requied. At other places in South India, the revenue records can be hot changed on the basis of the will., by filing an application before the Panchayat/Municipality/Corporation.

In case of agricultural property such application can be filed at Tahsildar's office of the Taluk concerned.

The party in possession of the property need not file any suit except a suit for bare injunction against the person(s) threatening dispossession or engaging in trespass. The party claiming the share has to file a partition suit. One need not be afraid of facxing a lawsuit.


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