Mother's property right?

Dear querist,

After mother death her property will devolve in her legal heir, order of succession

15. General rules of succession in the case of female Hindus.―(1) The property of a female Hindu

dying intestate shall devolve according to the rules set out in section 16,―

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or

daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),―

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the

absence of any son or daughter of the deceased (including the children of any pre-deceased son or

daughter) not upon the other heirs referred in sub-section (1) in the order specified therein, but upon

the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall

devolve, in the absence of any son or daughter of the deceased (including the children of any

pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order

specified therein, but upon the heirs of the husband.

Individual share of father will can only be given to her second file and there children from second wife.

Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

it means me and my father have equal rights or my rights is first? and how to transfer the property to my name.?

Dear concerned,

As the law has been already been pasted here. If your father remarries, whatever rights he has been devolved upon in the left behind property of your mother, that specific share, in addition to the properties of father, can and will be devolved upon the new family. 

The property of the mother will be shared by you, your real sibling, if any, and your father. 

Regards.

GROSON ADVISORS

legaladvice@grosonadvisors.com

Originally posted by : Dhairya
	it means me and my father have equal rights or my rights is first? and how to transfer the property to my name.?

yes, it means you and your father have equal rights in the property of mother and how to transfer depends on the facts of the property.

Consult a local lawyer of your area. He shall guide you through. You have been answered, in affirmative here. 

Regards.

GROSON ADVISORS

groson@grosonadvisors.com

You and your father are having equal rights. In the event of second marriage of your father. Your father's share may devolve / shared by childrens of second marriage.

The illegitimate child too has its share.