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VIJAY KUMAR (SELF EMPLOYED)     17 January 2013

Please clarify......mother entitlement in son's property

Please guide, even after having nomination in favour of spouse in self earned joint ownership property, mother of deceased son will also be legal heir along with wife & daughter in absence of WILL ?? How to know form of joint ownership ???  there are two hard earned properties of husband & wife ( having proof ) no ancestral property, even after that mother can claim in son's property even after getting pension & having property ?? Moreover wife was being tried to trap by mother-in-law through post mortem of son for property even after that mother can claim in deceased son property ??? Even after that mother is entitled to claim ??? but what would be after death of mother. deceased son property will go to legal heirs hands after death of mother ????? If yes then it means a son has responsibility to share his self earned property to other brothers & sisters through mother's hands along with his wife & kid ?????? Please clarify is mother entitled to claim his deceased son's both self earned property & ancestral property in absence of a WILL ?????????????



 12 Replies

K.K.Ganguly (Advocate)     18 January 2013

1. Yes, mother has equal share of  the property of predeased son alongwith his son, daughter, widow etc. being the Class I heir,

 

2. It might mean different things to differect people but this is the Law which all of us shall have to abide by.

VIJAY KUMAR (SELF EMPLOYED)     18 January 2013

First of all, thanks Ganguly sir, at least u suggested the legal position, but personally i am not agree with such law, deceased son property share to mother is ok  if she is not independent but share to a independent mother after death of her son in absence of WILL ????...........& after death of mother other brothers & sisters will be legal heir of such share which should be only go to deceased son's wife & kids again..............i am sorry to law maker.........a son has responsibility towards his parents so after death of son & in absence of a WILL, share to mother is ok. But a son has no responsibility towards his other brothers & sisters when having wife & kids.

Advocate Vishnu (Advocate)     18 January 2013

The mother can relinquish her rights on the property in favour of her daughter - in law and her grand daughter. In this manner, you will not have any legal hassles in future.

VIJAY KUMAR (SELF EMPLOYED)     19 January 2013

Do u think ,  Mother-in-law who was trying to trap her daughter-in-law through post-mortem of her son for property not ancestral property would relinquish her rights on the property in favour of her daughter - in law and her grand daughter ?????  Hope u remember u suggested before on another post only wife & daughter will be entitled for property & mother-in-law will not have any right on property.....................................moreover may i ask to the legal experts, do they feel this law is really proper ??????????? Moreover if mother-in-law doesn't support after getting her share then even after getting 5/6 parts of both properties wife of deceased wouldn't be able to sale the property ?????? Hope you people r getting my point?............It is really funny that even other brothers & sisters become legal heir on property of deceased married brother's having family in absence of WILL through their mother....what are the contribution of brother & sister in deceased brother's property.........................wife has contribution for making property, mother has right bcoz she gives birth to the son.

K.K.Ganguly (Advocate)     19 January 2013

1) It does not matter whether you agree with Law or not,

 

2) What is important is that all of us shall have to abide by Law.

VIJAY KUMAR (SELF EMPLOYED)     19 January 2013

We are bound to abide by law, but if a law is not justified we should oppose it for justification, moreover if i am not wrong each & every Indian has contitutional right of speech of freedom.

STUDENT.... (.......)     26 January 2013

I'm a regular reader of cases in this forum....

 

1. Accordingly to article no# 21 in the Constitution Of INDIA ever individual has a right of speech of freedom.

 

2. Mother and Father Both has right on Son Property as far as I remember I have read somewhere as well it is only when Both don't have a shelter and any income for surviving in this world.

Here father is dead only mother is alive and has property on her name and also getting pension as mentioned above..(even after getting pension & having property).

 

3. However as per my understand where mother has a property on her name (SHELTER) and also getting pension from the Govt she already has ample of money to survive in this world.

 

If she has to claim for property why an't she claim her right in other son and daughter's property why is she claiming her right in Deceased son property who has left a wife and daughter behind. Instead of taking care of Daughter in Lay and Grand Daughter she is playing such king of tactics in this old age is also ashamed for her self.

 

4. If i would have been there at your place I would have asked the person in court the following questions...

 

i) Why she need a share in my property.

ii) What she will do with that share.

iii) If incase she need shelter and want to earn extra income by giving her property or deceased son property on rent then she can live with her daughter in law and grand daughter and give her properties on rent and then she can earn extra income from there as well. Why the share is required in her Deceased Son property. After all one person need how much space to live her life. (1 room to sleep one common drawing room to sit and rest room, a part from that a single person can only eat 2/3/4 chapaties at a single point of time).

 

What else is required these things her daughter in law and her grand daughter can also give her and also they can take care of her mother in law/grand mother. I'm sure at this old stage of time where the mother is getting pension may also be getting medical facilities from CGHS or from other health service department as declaired for her.

 

 

I don't think so that what ever I have mentinoed is against the Law or against any person individual. It is my thinking which I have shared after reading such blog.


(Guest)

@kunal,

 

1.First you get knowledge from correct sources about the rights to property in Hindu family.

 

2.Change your mindset about your parents.

 

3.Don't ever show your courage in such manner in Court of law.You would be liable to pay for it.

 

Thanks,

Regards,

VIJAY KUMAR (SELF EMPLOYED)     26 January 2013

@ Kunal....................i must appreciate u for your views based upon the facts.

VIJAY KUMAR (SELF EMPLOYED)     26 January 2013

@Sumitra Kumar.............................if KUNAL is not aware with rights to property law fully, u sud let him know by putting laws here in place of criticizing the person.................if a mother is entitled to get share in his intestate self earned property of deceased son even after having family then is a mother entitled to get share in intestate self earned property of her  daughter having family ?????? Perhaps no when daughter having family then whyn't same with son ?????????????????????? or son is a boon to the mother & daughter is curse to the mother ???????????? Please throw some light.


(Guest)
Originally posted by : VIJAY

@Sumitra Kumar.............................if KUNAL is not aware with rights to property law fully, u sud let him know by putting laws here in place of criticizing the person.................if a mother is entitled to get share in his intestate self earned property of deceased son even after having family then is a mother entitled to get share in intestate self earned property of her  daughter having family ?????? Perhaps no when daughter having family then whyn't same with son ?????????????????????? or son is a boon to the mother & daughter is curse to the mother ???????????? Please throw some light.

 

I am really confused whether you requested me to throw some light or you commanded me to throw some light on the subject matter. Have you heard of  'Senior Citizenship Act 2007'!!! Instead Questioning me, you throw this question to law makers,as I believe,You needn't any moral lecture from me.Who said to you 'Mother is entitled to get share in his intestate self earned property of deceased son!? Perhaps you belief is the result of your Conceited behavior coupled with apathy towards parents which now-a-days pervalent in Metro cities.I have seen several....May be you are one of them....

 

Thanks,

Regards,

 

[Last reply to this thread]

VIJAY KUMAR (SELF EMPLOYED)     27 January 2013

Perhaps u didn't go through the thread completely..................respectable experts submitted mother is entitled to get share in self earned intestate property of deceased son now u are asking who said to u that mother has right to get share in self earned intestate property of son ??? As far as parents are concerned certainly respectable but depends upon the situation how a person is treated by parents or in-laws.


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