Hi everybody,
My cousin, Vijay, a Hindu male, died without leaving a will about six years. He is survived by his wife, 1 son, 1 daughter and his mother.
The mother, Mrs. Aruna, relinquished her share in Vijay’s assets in the name of his wife.
Mrs.Aruna’s share of movable property in Vijay’s movable assets got transferred to his wife.
Now Vijay had 2 immovable properties. Mrs. Aruna’s share in one of the property got transferred to his wife. But a problem occurred in the second.
This problem arose because the place where the second property was situated was a notified area and the govt/municipality banned all transfers in that area. No sale or purchase of property is allowed there, so much so, that even this transfer on death of Vijay could not go through. This property continues to remain in the name of the dead Vijay till date.
Now Mrs. Aruna passed away last week, willing all her assets, movable and immovable, to her other son, Krishna.
The question is – will the mother’s share in her predeceased son’s assets, which could not be transferred to his wife, devolve on this surviving son in the second property where the transfer could not take place ? Or is the relinquishment deed given by Mrs. Aruna still valid after her death and her share in the predeceased son's asset goes to the wife?
Thanking you all in advance
Regards,
Geetha
