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Nagesh (private empolyment)     09 June 2022

Rights of mother in deceased sons self acqired property

Person A had acquired an immovable property out of his own earnings. A who was issueless dies intestate leving behind his wife and his mother and an unmarried brother.
My question is can mother of the deceased claim a share in his property being Class I legal heir ?


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 7 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     09 June 2022

Hello,

The mother and wife of a deceased person are the class one legal heir. In your case mother and wife will share property equally.

kavksatyanarayana (subregistrar/supdt.(retired))     09 June 2022

Yes.  I agree with the above learned expert.  The mother and his wife have equal shares in the property.

Janak Raj Vatsa (Advocate) (Lawyer consultant)     09 June 2022

Mother and wife being class one legal heir will share the property of the deceased equally

Advocate Bhartesh goyal (advocate)     09 June 2022

If person A was hindu and he dies intestate then his property rights will be devolve equally to his mother anf wife.

Nagesh (private empolyment)     10 June 2022

I thank you all 

Sravika Reddy Kohir   10 June 2022

Hello Nagesh, I acknowledge your question. The property of Mr. A that you are speaking is about the self-acquired property, and the person has died intestate leaving behind his mother wife and brother. The mother and wife here in belong and fall under the class I heir as you have rightly put forth. Both mother and the wife have equal right to claim the property and yes, the mother can claim her share from his property too.

Wherein in situations where such a person A was disinherited or disowned by the parents likewise the parents cannot claim any share from his self-acquired property. Only his wife can claim her share.

I hope I answered your query, if there is any other query do drop here.

Have a good day.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     17 June 2022

To reply simply to your question, the answer is Yes.


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