1)after death of mother her share will devolve on her sons and daughters
2) not aware of any such judgment that right will get transferred only to deceased son wife and children
Rights of mother in deceased son's property
Just to know whether Mother have a right in deceased Son's property. Here at the time of Son's death, Mother was alive. Mother died after 8 months. Now the question is after the death of mother, will the right of mother gets transfered to other sons and daughters. Our lawyer told, there was a recent direction from Highcourt saying that after the death of mother, the right will get transfered to deceased son's wife and childre3n. Please clarify.
Asked 8 years ago in Property Law
Religion: Hindu
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7 Answers
1. Mother is the rightful heir of the properties of her son's properties who has died intestate.
2. After the death of the mother, her said share of her deceased son's properties will be equally shared by all her legal heirs provided she has not bequeathed the said share of teh property to any other person.
3. High Courts will interpret law but will not enact any provision of law.
4. The above inheritance of deceased son's property by mother has been mandated as per Indian Succession Act . High Court might have given some judgement based on some specific cases but that has not changed or amended the above provision of the Act of succession.
Yes after the death of son, mother will inherit her share of property and after her death the same will be divided again amongst the legal heirs.
Regards
1. It is not clear how many legal heirs the deceased son had left at the time of his death apart from his mother.
2.On death of male his proeprty devolves upon his mother, widow and children,if any.
3.So in this case on death of his mother her share will devolve upon her son and daughters and not upon the sons and widow of her deceased son.
4. i am not sure about the decisison your lawyer may have referred to but I am certain the citation can not override the specific provision of law of the land.
Hi, what have been told by your lawyer is correct and the property will only be transferd to the deceased wife and children
The lawyer who has given this opinion has not updated his knowledge about the law in this regard.
It is incorrect to say that the mother's share of property out of her deceased son's property shall revert to the wife and children of the deceased son.
The mother's share of property shall devolve on her own legal heirs namely, her children , husband.
In this her deceased son will also become a share holder to the share of mother which she derived from her deceased son's property.
The legal heirs of her deceased son shall inherit the share of her deceased son out of her share on the property.
1. Mother is a class 1 heir to her son who predeceases her,
2. On the demise of son his property devolved on his widow, mother and children.
3. ON the demise of mother her share has devolved on her husband. If the husband had predeceased her then her share devolved on her daughter-in-law and her grandchildren.
