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Regarding Transfer of property without will

How property of a Female hindu (self acquired) will be devolved she left behind Son only

Is Son the only One to get property because she as only One Son Husband died.

What Is the procedure to transfer of property in ABOVE circumstance in ANDHRA PRADESH?


Learning

 6 Replies

Kevin Moses Paul   18 August 2021

As per the situation you've described above let me enlighten you about an intestate succession of a Hindu person in India as per Hindu Succession Bill.

See basically, the property of a female Hindu held by her as the full owner, if she dies intestate, would devolve as follows:

⭕Firstly, upon the children, including the children of any pre-deceased child;
⭕Secondly, upon the husband;
⭕Thirdly, upon the mother and father;
⭕Fourthly, upon the heirs of the husband;
⭕Fifthly, upon the heirs of the mother; and
⭕Lastly, upon the heirs of the father.

The devolution of the property of the intestate on the heirs is in the same order and according to the same rules as would have applied if the property had been the husband’s or the mother’s or the father’s, as the case may be, and such person had died intestate in respect thereof immediately after the intestate’s death.

So the property of the woman will be distributed according to the class of heirs mentioned above.

Hope It Helps!

Regards
Kevin M. Paul
1 Like

3llb037 Gadhiraju. Bhanu Sai P   19 August 2021

here there is one son to the deceased it means entire goes to son?

Kevin Moses Paul   19 August 2021

See basically, if a Hindu female dies intestate then as per the Hindu law, Her Children, Children of Predeceased Children and her Husband have an equal right to the property. In absence of legal heirs, the property is inherited by other heirs as per order of preference.

But since, here the husband has also died and only son is left behind the property will go to her SON ONLY.


Regards
Kevin M. Paul

G.L.N. Prasad (Retired employee.)     19 August 2021

As you are the only son you are the absolute owner of your mother's property as per the Indian Succession Act.  You can get the mutation done with the Municipality/corporation with an affidavit, legal heir certificate, and death certificate.  There can be no problem in disposing of the property you are the only class 1 legal heir of your mother.

P. Venu (Advocate)     19 August 2021

The property is already devolved upon the only legal heir, the son. He may get the property mutated in the Revenue/Municipal records on the strength of the mother's death certificate.

Dr J C Vashista (Advocate)     20 August 2021

The son of deceased shall have the property in succession.


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