skanthahyd (proprietor) 30 November 2009

Hindu succession act 1956

Dear All,

My Brother (hindu male) died intestate in 2004. He leaves behind widow, 2 minor daughters and mother. My father executed a registered will about 24 years back as per the will of my father my brother and myself got each 4 acreas of land each . My elder mother has registered settlement deed in favour of my brother ,through that settlement deed my brother got another 3 acreas of land.

what are the rights of the mother,widow and the 2 daughters on the properties of the deceased. Plz coment on this with recent judgements?

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6 Replies

sunil pagare (lawyer) 30 November 2009

After the death of Male person the legal heirs according Hindu Succession are Mother,Widow & Childern (shedule I ) they have equal share in the property.

A V Vishal (Advocate) 30 November 2009

Distribution of property among heirs in class 1 of the Schedule. - The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:-

Rule1.- The intestate’s widow, or if there are more widow than one, all the widows together, shall take one share.

Rule 2.- The surviving sons and daughter and the mother of the intestate shall each take one share.

Rule 3.- The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share.

Rule 4.- The distribution of the share referred to in Rule 3-

(i) among the heirs in the branch of the pre-deceased son shall be son made that his widow (or widows together) and the surviving sons and daughters get equal portions, and the branch of his pre-deceased sons gets the same portion.

(ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Poonam Upadhyay pathak (Advocate) 30 November 2009

Mr. Vishal sir had explained u the provision of hindu succession act.

skanthahyd (proprietor) 01 December 2009

Is there any provision like full blood and half blood. If so what is the share do my mother get .

Regards,

kantha rao

raveendran (chief executive) 01 December 2009

Full blood and half blood relationship does not arise here since the legal heirs(Class 1) heirs are alive. Mother and widow will have to share it equally among themselves if the daughters are minors.

prabhakar (owner) 02 December 2009

younger brother has been adoted by elder brother of natural father, who died intestate and the adoted had been drawing ension till majority. Also terminal benefits have been aid to adoted son. Now, mother is still alive and by misreresention they have obtained succession and drawn the benefits.

Also the adoted son claiming right over the tenanted sho , which is being run by the elder son of

natural father