Legal heir
badmanaban
(Querist) 12 December 2013
This query is : Resolved
Sir my mother died(2012) without writing any will now we
1.four sons
2.husband(our father)
3.widow daughter in law with no children(pre deceased son died in 2010)
now my question is who is legal heir of my mother according to section-15 of the
hindu sueccssation act 1956.?
Here the case law in madras high court for u r reference:
(Civil revision petition preferred against the order dated 17.11.2011 passed by the District Munsif Court,
Gobichettipalayam, in E.A.No.237 of 2010 in E.P.No.53 of 2007 in O.S.No.85 of 2002. )
so please give idea about legal heir?
manoj joshi
(Expert) 12 December 2013
dear half of the property goes to ypur father
remaining half will be distributed among all of u 5 i.e 4 brothers & 1 daughter in law
Devajyoti Barman
(Expert) 13 December 2013
All have equal share except daughter in law who has no share in it.
Give details of the order mentioned above.
Anirudh
(Expert) 13 December 2013
Dear Mr. Badmanaban,
Ideally, you should have given the Case No. and year before the Madras High Court, which you did not give.
You also have to indicate whether the decision is available in the website of Madras High Court or not.
Only then, one would be in a position to see the decision and then comment upon your query.
prabhakar singh
(Expert) 13 December 2013
According to the section 15 'The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,-
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.'
So in your case 1/5 each of 4 sons and the father.
Rajendra K Goyal
(Expert) 13 December 2013
Agree with the expert prabhakar singh ji and Devajyoti Barman ji.
ajay sethi
(Expert) 13 December 2013
agree all have equal share except daughter in law
Surrender K Singal
(Expert) 13 December 2013
Almost very clearly resolved except to study citation of MHC
T. Kalaiselvan, Advocate
(Expert) 13 December 2013
The daughter in law who is the widow of the pre-deceased son has no rights over the intestate property of the deceased female as per Hindu succession Act, further since there are no children to the predeceased son his widow will be precluded for a claim in the share out of the intestate property. Thus four sons and the husband will be entitled to an equal share out of the intestate property.
