Sheshan Sinha 06 July 2021
Nirali Nayak 07 July 2021
Hello sir, greetings of the day.
As per your query, no, if the son has died then the wife of the son cannot evict his mother from his house. This is because a mother also has an equal share in her son’s property.
A mother is a legal heir to her deceased son’s property. Therefore, if a man leaves behind his mother, wife and children, all of them have an equal right on his property. The Hindu Succession Act, which lays down rules of succession and inheritance among Hindus in India, says that if a man passes away without leaving a will, his property will be equally distributed among his widow, his children and his mother as all of these relations constitute Class-I heirs.
Thus this gives no rights to the wife to throw out the mother after her son dies.
Hope this solves your query
Regards
Nirali Nayak
Law Student