Widowed mother lost her son, who will hire the property in son's name?
Amul Ghodke
(Querist) 13 May 2016
This query is : Resolved
A widowed Mother has lost her young son. my question is who will inherit property, which is in the name of son? Son was married having 2 years old daughter. can a widowed mother get any share in property?
what is the procedure to be followed for giving justice to widowed mother for her share in property for her protection.
Please kindly guide. Thank you.
Kumar Doab
(Expert) 13 May 2016
The personal laws that apply to deceased male shall decide the inheritance.
Believing that he was Hindu, and property in his name was self acquired/earned:
The mother, wife, daughter shall share it equally.
The death certificate, legal heir certificate may suffice to record inheritance by the authority under whose jurisdiction the property/estate falls.
Rajendra K Goyal
(Expert) 13 May 2016
Well advised, agree with the expert Kumar Doab.
Amul Ghodke
(Querist) 14 May 2016
Mr Kumar Doab
Thank you for your kind reply
Yes he was Hindu. He has to types of property
1. Inheritance from Father's Father ( Both are deceased)
2. Self Acquired
In second case i understood that all 3 members get equal share. we have Death Certificate and Pm Report with us.
What is legal Heir certificate and who can issue it to us? Please clarify
In first case please let me know what is the Procedure to be followed to acquire the property by widowed mother.
Thank you very much once again for your guidance.
Kumar Doab
(Expert) 14 May 2016
How are you related with the matter!
>>> Inheritance from Father's Father: The share of Father's Father shall devolve upon his ClassI legal heirs i.e. mother, spouse, children.
The share of Father out of these shall devolve upon his ClassI legal heirs i.e. mother, spouse, children.
>>> Self Acquired: As already posted: The estate shall devolve upon his ClassI legal heirs i.e. mother, wife, daughter....
The authority under whose jurisdiction the property/estate falls, can update on documents required in both cases.
They may accept affidavit of legal heir ship attested by Ex. Magistrate.
The legal heir certificate is issued usually by Tehsildar upon report from Kanungo and Patwaari (Revenue Officers).
Amul Ghodke
(Querist) 14 May 2016
How am i related with matter? Answer is ... I am husband of Widowed Mother's Daughter, whose son recently died. deceased son's wife is creating problems for widowed mother.
I am desperately wanting to assist my mother in law to have stable life, due to request from my wife - who is daughter of widowed Mother who lost her only son recently.
Kumar Doab
(Expert) 14 May 2016
Thanks for clarifying.
I Appreciate your concern.
The mother of deceased son along with other ClassI legal heirs are entitled to get share not only from property but whole estate e.g. bank a/c's, Life Insurance Polices,etc
The death certificate, legal heir certificate may suffice to record inheritance by the authority under whose jurisdiction the property/estate falls.
Come back to this forum in this thread in case you are facing any issues.
Amul Ghodke
(Querist) 14 May 2016
I am so very grateful to you Sir Mr. Kumar Doab for kindly providing me with details on the issue which we are going through. I will surely come back to you if i face any issues or confusions on the matter present in front of you. Thank you so much.
