Mahesh (Private Employee) 18 December 2012

Mother's share in deseased son's property

My brother in law died inestate leaving behind his wife(My sister),2 minor daughters and his mother. He has self acuqired property and also fixed deposits and savings accounts in his name. Now his mother is claiming1/4th share in his property and in his savings accounts/fixed deposits. His mother has other sons apart from my brother inlaw and also she has some property in her name. Legally can she get 1/4th share in both movable and non movable property?. If not 1/4h share, how much she is elgigble to get?.

Please answer.

Reply Follow

3 Replies

Adv Archana Deshmukh (Practicing Advocate) 18 December 2012

As per Hindu Succession Act the mother is a class I heir of a male hindu dying intestate. So your brother-in-law's mother will inherit an equal share along with his wife and 2 children. So her share is 1/4th of the total property. Though she has other sons and has her own property, she will be entitled to claim her 1/4th share in her deceased son's property.

Advocate Bhartesh goyal (advocate) 18 December 2012

Yes as per Hindu Succession Act your brother in law's mother is entitled to get 1/4 share in your deceased brother in law's property [movable and immovable].

Mahesh (Private Employee) 19 December 2012

Incase my brother inlaw's mother expires while the dispute is still in the court, can her legal heirs(in this case her sons )get 1/4th share in the property?. or once she dies she and her legal heirs loose claim on the property as this is not inheritaed proeprty.

Please clarify.