Mother s heir

Querist : Anonymous (Querist) 14 November 2011 This query is : Resolved
sir

My mother(Hindu) having some properties from her father(Not father in law)(died in 2002).

my mother having only five son.first done died recently.
Now my mother died in-hesitate then who are legal heir of my mother to share the above properties.

legal heir of my mother

(1) widow daughter in law

(2) Remaining four children

female died in-hesitate class 1 heir is son and daughter not daughter in law.

is correct?

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Sankaranarayanan (Expert) 14 November 2011
if the property is still in her name , then all of your blood relation are entitle to get share.

Raj Kumar Makkad (Expert) 14 November 2011
In the given case, the property left by your mother shall be divided in 5 shares and you 4 brothers and your sister-in-law and her children born out of marriage with your deceased brother shall inherit equal share.

Rajeev Kumar (Expert) 14 November 2011
I agree with mr.makkad

Sailesh Kumar Shah (Expert) 14 November 2011
Rightly answered by Mr. Makkad.

Shonee Kapoor (Expert) 15 November 2011
The brothers would get 1/5 share each.

The widowed DIL + her offsprings would get 1/5 share cumulatively to be divided equally between the them.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shonee Kapoor (Expert) 15 November 2011
BTW, the right word is INTESTATE (and not in-hesitate).

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 15 November 2011
Your mother was absolute owner of properties inherited by her from her father and as she died intestate the succession shall be governed by section 15(1)(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband equally and simultaneously, to the exclusion of all others under Hindu succession Act.

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