Sec 14, 15 and 16 - hindu succession act
Querist :
Anonymous
(Querist) 07 December 2023
This query is : Resolved
A Hindu mother who was in possession and enjoyment of some properties by virtue of inheritance from her ancestors and deceased husband passed away intestate. Her only son inherited those properties and eventually he also died intestate.
Now for children of deceased son whether it is the self-acquired property or ancestral by category.
kavksatyanarayana
(Expert) 07 December 2023
Her only son inherited the properties and hence for him, it is deemed to be his property.
Rudrawar Narayanreddy
(Expert) 07 December 2023
How the Property came hindu mother is to be seen. Details are not given. First Possibility is if it came to her from her husband and it is was husband's ancestral property, then it is ancestral property in her hand along with her children. Second possibility is, If the Husband has acquired out of his own income on his death succeeded by hindu mother and son under section 8 and it will be absolute property of Hindu mother and only son.
Therefore in first possibility, after death of hindu mother succeeded by only son queried it is absolute, as soon as a son or daughter is born to only son of hindu mother, the ancestral property in his hands will become coparcenary property. In the second possiblity the property will be absolute property of the son and any son or daughter born to him will not have any right during his life time.
T. Kalaiselvan, Advocate
(Expert) 08 December 2023
The property she inherited from her ancestors shall be termed as her own and self acquired property, it will not remain ancestral property to her children or the next generation.
If she had inherited the property that belonged to her husband as one of the legal heirs, then her share in that property also shall become her self acquired property.
The share of her deceased son out of her husband's property shall become his self acquired property and upon his intestate death, she will also be entitled to a share along with the wife and children of her deceased son.
The property inherited by the legal heirs of her deceased son shall become their self acquired property,
Rudrawar Narayanreddy
(Expert) 09 December 2023
Property which comes to women from her parents is her absolute property and her children succeed as absolute but if she got property of husband and it is ancestral along with son it will be huf and on partition women gets share is her absolute but her son will hold when alone as absolute and sooner son born to him it becomes coparcenary property.
