succession & legal heirship

K.R.CHANDRAN (Querist) 05 June 2014 This query is : Resolved
Mr. R died without leaving a will. He is survived by his wife, two sons and a daughter. Mr. R had a house in a plot of 4 grounds (approx. measuring 3900 sq. feet). After his death the house was demolished as it was very old and not fit to live. The plot was divided in 4 parts and each of the surviving member got 1/4th share.
Mr. R’s wife and 2nd son relinquished their respective share in favour of elder son during their life time through a settlement deed mentioning that under any circumstances they will not claim their shares (Deed is duly registered). A new house was constructed in 3 parts of the plot by Mr. R’s elder son with his self earned money. (leaving 1/4th part of Mr. R’s daughter) An affidavit is given by the sister (Mr. R’s daughter) saying that she will have no claim in the house constructed by Mr. R’s elder son (Affidavit is registered).
Mr. R’s daughter is a co-owner of the said plot for her 1/4th share. The Mother is getting a widow pension of about 13000/- per month. Mother was being looked after by the elder son for the last 35 years.Mr. R’s elder son died without leaving a will and is survived by his mother (Mr. R’s wife), wife and a son.
Question is based on the above given facts:
Who would be the successor to the house. Would it be the mother, wife and son or only the wife and the son? If mother is also a successor how much share she would get. If the mother gets a share, can the younger brother and sisteralso can claim a share from that portion?

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Kumar Doab (Expert) 05 June 2014
It is believed that the deceased (Son) is Hindu.

The Mother (wife of deceased father of deceased son) had relinquished her rights in property of her deceased husband in favor of the Son.

Now Son is deceased.

His ClassI Legal heir are:Mother,Spouse,Son................ and all of these shall share the wealth of deceased equally.

Brother and Sister being ClassII relations have no claim.