Mothers share in decessed sons personal propertty

Sir,

Yes. The Mother has a good right and legally entitled for the equal share in the sons property as per Hindu Succession Act.

Regards

Kishor hajare

hajare.kishor@rediffmail.com/9930647734

Mr. Hajare has given valuable advice.Kindly follow it.

If the deceased is Hindu, who has left no WILL and out of Class 1 relations

{Class I relations: 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 only surviving relatives are Mother and widow of deceased, they can stake their claim for division of all estate of the deceased to be divided equally amongst them.

Thank you everyone for the feedback, I appreciate your thoughts. The problem is the wife has claimed front of the talathi that the property was her husbands personal property and mother cannot claim share in it. Now the talathi has taken her counter application to put just her name on the 7/12 utara. The mother had already put in a application for putting the wifes and her name (mother) on the 7/12 utara. will the wife's application be rejected? Please advise.

thanks

Ajay

The wife's application to put her name only in the 7/12 extract will be definately rejected as the mother is also a class I heir of male hindu dying intestate.

thank you, I appreciate your advice. does it matter to decide mothers share if the property was personal or not? I think the talathi is just trying to extract money based on this argument.

thanks

ajay

Sir,

Talathi can not enter deceased wife's name in 7/12 extract without verification i.e. without "Varas Panchnama" or if the deceased died without making any will, then the talathi may insists on the succession certificate from the civil court from wife, wherein you/mother can raise objection to the succession certificate applied by wife.

Even if talathi records wife's name in the revenue record then you can go into appeal to the SDO or Deputy Collector.

My advice will be that, the mother should applied to the civil court for succession certifiate for the estate of her deceased son and in that Misc. application, the court will hear the submission and any objections raise at hear of the said Misc. application.

Thank you for your kind advice, I appreciate your time. We just got a copy of fera far (change of name) from the application submitted by us. But since the wife took objection to that, the matter is now gone to the circle. The circle is going to be hearing what both have to say and then decide. Do you think the matter will now go further up? What more should we be doing in the mean time.