• Inheritance of property among heirs

Hi,
 If a Hindu male (government employee ) dies and leaving behind 4 legal heirs (widow,2 sons and mother (74 years old)). The deceased have no property on his name except the benefits given by the government.
How much percentage will be given to each heir?. how much will be given to the mother?. The mother has 3 sons and 3 daughters excluding deceased. 
Is it possible for the mother to claim the properties which are not under the deceased name?.
Asked 1 year ago in Property Law from Canada
Religion: Hindu

All the legal heirs shall be given 1/4 share from.all the movable and immovable property further the pension if any he was getting shall be given to wife and mother(on application) major children shall not be given pension

Further the mother shall.not have any share in property wherein name.of deceased is not there.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

On demise of husband widow , 2 sons , mother have one fourth share in property

2) siblings of deceased have no share in property

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Is total asset will be divided between the wife and children equally the responsibility of maintenance of mother now shifts to other children she have and she will not get any share in the property of his deceased son

Vimlesh Prasad Mishra
Advocate, Lucknow
5485 Answers
17 Consultations

4.9 on 5.0

No in case the property is not in name of deceased.the mother shall not have any share in it or no body other then owner.of the property shall have share in the property.

Shubham Jhajharia
Advocate, Ahmedabad
19206 Answers
75 Consultations

5.0 on 5.0

Mother is class 1 legal heir of deceased

She is entitled to receive equal share in benefits received on mother demise

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

1. Except the family pension each of his legal heirs will get equal 1/4th share from his terminal benefits.

2.Apart from his service benefits if the deceased has left any other movable and immovable assets the same is also liable for equal division among 4 of his legal heirs.

Devajyoti Barman
Advocate, Kolkata
17780 Answers
251 Consultations

5.0 on 5.0

Firslty, Sir, as you have stated that the deceased has neither left no will as to the government benefits nor any nominee for the same.

Secondly, in this situation, the property will divided only between the widow and her two sons.

Thirdly, as per the Hindu Succession Act, matter falls under the class two of legal heir, if no one was there then she (mother) would have got the share in the property.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

1. Properties left by deceased which are standing in his name on his death to his class 1 legal heirs

2. The heirs would be mother, widow and children

3. Siblings will be excluded if above heirs are present

4. Mother will thus have 1/4th share

Yusuf Rampurawala
Advocate, Mumbai
4448 Answers
25 Consultations

5.0 on 5.0

1. According to the Schedule appended to Hindu Succession Act, 1956, the Class 1 heirs of a Hindu male dying intestate are his mother, widow and children. Each of who succeeds equally to the property. So in the given scenario the share of each heir is 1/4th.

2. Mother cannot claim succession to the properties which were not owned by her son.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

As per the Hindu Succession Act if the person died all the legal heirs are equally share in the property of the deceased. In present case the deceased has no immovable property. only govt. benefits. So what ever the govt. benefits is in the name of the deceased is equally divided among the widow and two sons. It is the deceased self acquired benefits and not ancestral property, so mother will not get ant share in deceased property. Mother will get her share in her husband property.

Girish Togani
Advocate, Bhiwandi
8 Answers

5.0 on 5.0

hello

the property of the deceased (movable/immovable) shall be divided among the class I heirs, i.e., his wife and sons. the mother will not get any share of the property although she could claim maintenance.

regards

Rahul Mishra
Advocate, Lucknow
4310 Answers
11 Consultations

5.0 on 5.0

Share will be 1/4th each and share which will inherit in mother will devolve in her children if dying intestate.

You can fix distribution as per your choice through WILL. Proprieties in other name but purchased from/by deceased income than mother can claim share in it.

Mother will have share in deceased proprieties non other. You dose not want your mother to have share ?

Yogendra Singh Rajawat
Advocate, Jaipur
13088 Answers
15 Consultations

4.6 on 5.0

All the legal have an equal share each, including the mother of the deceased, i.e., 1/4th share,

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

No property can be claimed by the mother which is not in the name of the deceased.

The mother will have 1/4th share in the benefits of the deceased

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

Then in whose name the properties are there, kindly clarify?

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

1. All Government benefits are not properties to be equally shared by the legal heirs and nominees for such benefits like widow pension have already been specified by the said deceased Govt. employee. What are the other benefits have been referred in the query is required to be specified for giving answer properly.

2. However, the dependent daughter can apply for sharing the pension with her mother to the authorities.

3. As regard gratuity and PF, all the legal heirs can lay their equal claim on the same.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

1. In whose name the property stands? This point is required to be cleared first for answering properly.

2. If it is pension, then the depended mother can lay her claim on it and apply before the authority as explained in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

The terminal benefits of the deceased government employee who is reported to have died in harness shall be settled to the nominee that has been recorded in the service book of the deceased employee.

If married then the benefits will be settled only in favor of the wife and nto all the legal heirs of the deceased.

The mother of the deceased employee may be a legal heir but she will not be entitled to any share in the eterminal benefits of the deceased.

She would be entitled to a share in the immovable assets or the deposits in the banks provided he has not made any will or any arrangement for its succession.

Thus if the mother herself is not entitled to any share in his terminal benefits, her other children cannot even come near to such things.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

What do you mean by share in property ?.Will the mother have a 1/4 share on the property even though the properties are not under the name of the deceased?

There is no question of any share in the properties which are not in the name of the deceased son, to his mother.

She cannot claim any share in the property which is not in the name of the deceased for any reason.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Hi,

The mother may be given share of some benefits for her survival. The mother may not ask any share in property which are not under the deceased name.

Ganesh Singh
Advocate, Delhi
3111 Answers
9 Consultations

4.5 on 5.0

This is my response to you:

1. Obtain legal heir certificate;

2. Legal Heir certificate will facilitate the transfer of benefits, money etc. to the legal heirs but not transfer of property;

3. Every legal heir will get 1/4th share;

4. The mother will also get a share;

5. All the Class I legal heirs will get an equal share: Class I heirs are sons, daughters, widows, mothers, sons of a pre-deceased son, widows of a pre-deceased son;

6. The mother cannot claim property if it is not under name of the deceased.

Gowaal Padavi
Advocate, Mumbai
1819 Answers
2 Consultations

5.0 on 5.0

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