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ravi (Self employed)     23 August 2010

No will - Will the mother of deceased person has any right

Hello,

My uncle has died a couple of years ago. He had two children, two sisters, two brothers, a wife and a mother.  His two sisters and two brothers are well settled. Both his children are working in IT sector and are drawing huge salaries. They are having a joint property in their native place. His mother who is 79 years old, is making a living on the rent of that small joint property in their native place. My aunt and his children have kept her away from the family affairs after his death. The deceased person has many properties in different cities. None of them (except the joint property) is ancestral property. I pitty for the old woman. I am not getting support in our family to discuss this matter. Please answer my question.

Will his (decease person's) mother get any share of the property that he earned? Not ancestral property but the property he has earned. The deceased person has not created any will, has not left any note or anything concrete. Can his children and wife ignore the old woman. Recently when the old woman came here they have quarrelled and insulted her and sent her back to her native place. If the old woman is not having any right on her son's property then can she atleast claim for some mothly maintenance? Please help.



Learning

 5 Replies

R.Ramachandran (Advocate)     23 August 2010

Dear Mr. Ravi,

First accept my salutations to you for your noble thought and concern for the elderly mother.

Be rest assured that while she has a right in the ancestral property (of which you seem to be cock sure), she also has a right in the property left by her son (even if her son had not left any WILL).

This is because, as per Hindu Succession Act, 1956, she is a class-I her, as indicated below:

CLASS I

             Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son, daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

Thus, she will definitely get a share in the properties owned by her pre-deceased son.  Approach the Revenue Authorities and obtain necessary heir certificate and proceed to stake a claim of her share.

All the Bests. Good Luck.

1 Like

ravi (Self employed)     23 August 2010

Thank you very much for your appreciation and prompt response. I will gently follow-up with the matter.

adv. rajeev ( rajoo ) (practicing advocate)     23 August 2010

Mother be3ing the class I legal heir entittle for the equal share in the properties of the deceased son.

R.Ranganathan (Advocate)     02 September 2010

yes. Mother has right to the property of her deceased son.  

VIJAY KUMAR (SELF EMPLOYED)     09 January 2013

Please check the link   https://www.lawyersclubindia.com/forum/details.asp?mod_id=72805&offset=1.........as per the statement given by respectable advocate that only deceased wife & kid will only be entitled in the property & deceased mother will have no legal rights on property of her son. Please clarify. Not able to submit here full conversation of this link.


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