I have already replied and my reply would be thes ame.
The proeprty left by deceed son will devolve upon his other,widow and the children, if any.
Now on the death of the mother her sahre would be devolved upon her sons and daughters in equal share.
Rights of mother in deceased son's property - follow up question
Just to know whether Mother have a right in deceased Son's property. Please note this is not a ancesttral property transfered to the son. This particular property was acquired by son in his own way. 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 children. Please clarify. I asked the above question 2 days before and i got 5 ansewrs. Only one Advocate said, the right will get transfered to deceased son's wife and children. Here I want to know, whether other son or daughter of the deceased mother can claim the right on property. Actually the said property was sold by deceased Son's wife. In the sale Deed, it is written that Mother died before the son. So do other son or daughter of the mother have a claim to file a petition against the deceased son's wife. My lawyer in Kerala is saying that there is a gazette notification by Kerala Govt regarding this point stating that after the death of mother, the right will get transfered to deceased son's wife and children. Details of Gazette notification. THE HINDU SUCCESSION (AMENDMENT ACT), 2015 (KERALA) ACT 17 OF 2016 (Published in Kerala Gazette Ext No.1954 dt.10.11.2016) Notification no 27974/Leg.F1/14/law It is available in Google. Kindly do through the same. request your help to get a clarification. Regards,
Asked 8 years ago in Property Law
Religion: Hindu
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11 Answers
As per Hindu succession amendment act property inherited by mother on demise of her son shall devolve on heirs of pre deceased son on mother demise
2) your lawyer is correct . Property will devolve on deceased son wife and children only
1. As per Hindu Succession Act, mother will equally inherit her share of her predeceased son's properties and after her demise intestate, her said said share of the property will be equally inherited by all her legal heirs.
2. However, Kerala Govt. has amended the said Act specially to be applicable to the state of Kerala wherein, after the demise of the mother who had inherited the share of her deceased son's property, her said share of the property will be inherited equally by her said deceased son'e legal heirs.
1. A gazette notification cannot nullify or amend the law. Under Hindu Succession Act on the intestate demise of a Hindu male his Class 1 heirs are his mother, widow and children, each one of whom succeeds equally to his property.
2. After the demise of mother her share has devolved on her husband (if alive), her children and the children of her predeceased children.
3.The sale deed executed by the widow of the deceased son is fraudulent and illegal. The widower and other children of her mother-in-law are free to file a suit for declaration of the sale deed as illegal.
The Hindu succession Act says that the mother is one among the class I legal heirs of the deceased son.
If the mother died subsequently then her share of property shall devolve equally among her own legal heirs consisting her children, husband.
This will include the legal heirs of her deceased son also.
Therefore, her other children can claim their respective and legitimate share in it, if it is denied then they may file a partition suit seeking their share of property out of the share of deceased mother.
I am a little confused. Some layers are saying, other children of deceased mother can move the court. But some are saying it is not possible beacuse after the death of mother, the right will devolve only to the wife and children of deceased son. Now my Lawyer is saying about the gazette notification issued by Govt of kerala. The Gazette publication date is 10.11.2016. he is saying for cases filed before the said date, the new ammendment is not applicable. For cases filed after 10.11.2016,the ammendment is applicable. . Please go through the gazette notification once again and kindly advise. Details of Gazette notification. THE HINDU SUCCESSION (AMENDMENT ACT), 2015 (KERALA) ACT 17 OF 2016 (Published in Kerala Gazette Ext No.1954 dt.10.11.2016) Notification no 27974/Leg.F1/14/law gazette notification in pdf format can be downloaded from google.
Asked 8 years ago
Your lawyer is correct the amendment would have prospective effect from date of publication in official gazette
2) it would not be applicable restrspectively
3) if mother died after 10 the November 2016 her share in property would devolve upon deceasedson wife and children
I would like to give more details about the case. The deceased Son's wife and children (Plaintiffs) filed a suit for partition in her husband's ancestral property of 27 cents in Alappuzha, Kerala.(Case filed in ALappuzha sub court) Now the owners of the ancestral property was Mother and her 7 children (All Adults, Father died earlier). Here Mother and 2 Sons (One person is Plaintiff's Husband) died. Now the ownership is now with 5 Persons( defendants) and deceased son's wife and children. Now the 5 Persons are ready to give the share to deceased son's wife and children. But the deceased son's wife particularly want her share in the front side of the property. The deceased son's wife and children never stayed in the ancestral property. Their objective is to sell their share immediately after getting it. In the 5 Owners, there are 2 unmarried ladies. The defendants wants to give the front portion of the property to the unmarried ladies. They are willing to give equivalent or more share in other sides of the property with Road access or the value of equivalent share.But the plaintiffs are adamant to get the front portion. The case started in 2011. Now the Sub court has ordered a peliminary decree and appointed a commission for initiating the partition. Now the deceased son had a property in Trivandrum , Kerala. Son died on January 2000. Mother died on September 2000, that is after 6 months of son's death. So there is a share for mother in the deceased son's property. Since the mother died, that share devolve up on her other children, that is the 5 defendants The defendants has already raised the point of the above share of mother in the objection list of the case. But the documents were not produced before the court. The point is mentioned by court in the judgement but since the relevant documents were not produced by the defendants, it was not taken into consideration. In 2013, the plaintiffs (deceased son's wife and children) sold their property in Trivandrum. Now the defendents collected the details of the property in Trivandrum and verufied the Sale deed. In the Sale deed it is mentioned as Mother died before the death of son. It is a suppression of fact. Defendants didnt filed a suit in Trivandrum sub court for claiming the share of mother . Now after seeing the documents of the sale deed of property and to get a strong position for bargaining in the ALappuzha ancestral property case, the defendents wants to file a suit for the claim in Trivandrum property. But Now, the defendent lawyer is saying about the gazette notification. Death of both Mother and son happened before the gazette notification date. Kindly go through the details and advise whether the defendants can file a suit for their claim in Trivandrum property. Details of Gazette notification. THE HINDU SUCCESSION (AMENDMENT ACT), 2015 (KERALA) ACT 17 OF 2016 (Published in Kerala Gazette Ext No.1954 dt.10.11.2016) Notification no 27974/Leg.F1/14/law available on google.
Asked 8 years ago
1) since mother died in 2000 on demise of mother her share in deceased son property would devolve on all her legal heirs
2) defendants can file suit to set aside sale deed as it was executed by suppression of material facts
3) false statement was made that mother died before deceased son
4) notification in official gazette would only have prospective effect
1. In your first post, you have mentioned "Here at the time of Son's death, Mother was alive. Mother died after 8 months".
2. If mother has died intestate before 10.11.2016, the the property of the mother will be inherited as per HSA and if she has died after 10.11.2016, then her share will be governed by the THE HINDU SUCCESSION (AMENDMENT ACT), 2015 (KERALA) and the legal heirs of her deceased son will get her said share of the property which she had inherited from her said deceased son.
1. If both mother and the son died before the enactment of the THE HINDU SUCCESSION (AMENDMENT ACT), 2015 (KERALA), then the said property of the deceased son will be inherited as per Hindu Succession Act by all the legal heirs of the mother who died after her son.
2. While effecting the partition of the properties, the Commissioner appointed by the court will evaluate the price of both front portion as well as other portion of the property and accordingly the partition will be awarded by the court ensuring that all get the partitioned property of equal value.
The amendment is clear that the property inherited by the mother from her predeceased son shall devolve upon the heirs of the predeceased son from whom she inherited the property.
This amendment is applicable to the Kerala state only.
As per this amendment the property that devolved on mother after the death of her son, shall be reverted to the heirs of the predeceased son only.
Therefore the other legal heirs of the mother cannot move court on this seeking their share and it will not be maintainable as per the latest amendment provided the mother died after the amendment came into effect.
But Now, the defendent lawyer is saying about the gazette notification. Death of both Mother and son happened before the gazette notification date. Kindly go through the details and advise whether the defendants can file a suit for their claim in Trivandrum property.
The latest amendment by the government is not having retrospective effect. It comes in force immediately i.e., on the date of its publication. or notification.
Therefore the defendants have rights to file a suit seeking partition in respect of their share out of their mother's share in her predeceased son's property as his legal heirs and the subsequent heirs of the deceased mother.
The mother's share ion the property shall revert to the legal heirs of the predeceased son only when the mother of the predeceased son died after the amendment came into effect.