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Sheshan Sinha   06 July 2021

Residence and maintenance of elders/senior citizens

Whether wife of elder son can evict his mother from house of elder son after his death? Old lady's husband is also deceased.


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 1 Replies

Nirali Nayak   07 July 2021

Hello sir, greetings of the day.
As per your query, no, if the son has died then the wife of the son cannot evict his mother from his house. This is because a mother also has an equal share in her son’s property. 
A mother is a legal heir to her deceased son’s property. Therefore, if a man leaves behind his mother, wife and children, all of them have an equal right on his property.  The Hindu Succession Act, which lays down rules of succession and inheritance among Hindus in India, says that if a man passes away without leaving a will, his property will be equally distributed among his widow, his children and his mother as all of these relations constitute Class-I heirs.
Thus this gives no rights to the wife to throw out the mother after her son dies. 
Hope this solves your query
Regards
Nirali Nayak
Law Student


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