Share in business income of decased son
Querist :
Anonymous
(Querist) 04 November 2011
This query is : Resolved
Dear All,
This query is from my mothers' side. She is 68 years old and a widower. She gets some pension as our dad was a central govt employee. She lost her husband 10 years back when all we siblings were unmarried .
She only performed our weddings and also supported financially her youngest son in establishing his business. Unfortunately , we lost him recently and he has left behind his wife and 1+ years' old son. He was married for 2.5 years. He was living with mother and having his business where rental income of his laptops is around 50K per month and also some dues of 5 lakhs he had to collect .
His widow has decided to live with her parents as they want to remarry her in near future.
All the expenses on treatment of her deceased son which run into lakhs were borne by mother.
Now the question is ----Do legally mother has any right in the buisness rental income left behind by his son? Or everything belongs to his wife? Who are the legal heir in this case.
Pls help this mother.
Thanks . Regards..
Dear Experts - Mr Devajyoti , Mr Prabhakar Singh, Mr Shailesh Shah, Mr Ajay Sethi, Mr Shonee Kapoor & Mr Chanchal Chowdhuryji ---- Thanks for your kind reply for this query earlier .
You all replid that my mother is entiltled for 1/3 rd share in the business income of her deceased son.
But still we need a clarification - my mother gets pension as my father was in govt job. So pls advice whether even in this case my mother is entitled in business income of her decased son and she will be still a legal heir.
Pls advice.
Regards
prabhakar singh
(Expert) 04 November 2011
Yes !you rightly reminded me about my answer
which is still correct and at then also you told us about your mother's pension and my answered was given after that fact also.
In fact on death of your brother his all properties income would be treated as his assets devolving upon his legal heirs and not as maintenance.
As Hindu Succession Act 1956 will govern the case of succession of Hindus{i believe you all are] What ever available from your deceased brother as movable,cash,income ,rent,or any thing of the like including immovable shall be treated his property and shall devolve firstly on his class I heirs to the exclusion of others.And among his class I heirs listed in the Act your brother has left HIS MOTHER,WIDOW AND A CHILD.THESE THREE BEING IN CLASS I HAVE RIGHT TO INHERIT THE DECEASED SIMULTANEOUSLY AND EQUALLY.
YOU NEED NOT DOUBT IT.IT'S MY CONFIRMED OPINION.IT IS NOT A QUESTION RELATED TO MAINTENANCE BUT IT IS RELATED TO
INHERITANCE.
YOUR BROTHER IS NO MORE THERE THAT YOUR MOTHER AND HIS WIFE OR HIS CHILD CAN SEEK ANY MAINTENANCE FROM HIM.ITS' A CASE OF DEVOLUTION OF INTEREST IN MY OPINION.
Shonee Kapoor
(Expert) 04 November 2011
What your mother earns or owns has no bearing on her share in property of her deceased son.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
