No. Property will pass on to you, your brothers and mother.
Mother's share in predeceased son's property
My father died in 2015, my father's mother died in 2017, can brothers and sisters of my father claim father's mother's right in my father's property. we are hindu and my father died without making will. my father's mother didnot claimed share in my father's property after my father's death while she was alive. my father left us as my mother and we two brothers. thank you.
Asked 5 years ago in Property Law
Religion: Hindu
15 Answers
On your father demise your grand mother was one of the legal heirs and had one fourth share in his property
2) on her demise her share would devolve on her children
3) your father siblings can claim share in property
1) If the property is self acquired by father tgan there no share of your grandmother as your mother and you plus your siblings are there.
2) Plus your uncle and aunty doesn't have any share in your father's selfowned property
This is my response to you:
1. Yes the brothers of your grandmother can stake a claim;
2. This is as per the law laid down in Hindu Succession Act;
3. The brother of your grandmother survived your grandmother and therefore they get the share in her share of property;
4. Rest all will be divided between children of your father and other Class I legal heirs.
if the property is self acquired by your father then only sons/daughters have rights.
hello
your father's siblings, whether bro or sis, have a share in the ancestral property. your father's mother did have a share even if she didn't claim it. her share would go to your father and his siblings.
regards
Dear Client,
Father property will devolve by 1/4th share each. And his mother 1/4th share will inherit in her children including your father and father share in you both brother.
property of my father are all self earned. why the law is like that if son died before mother , mother has share in son's property and if son died after mother then mother has no share in son's property. thank you.
Asked 5 years ago
mother should not be left destitute on her son demise .
Hindu succession act provides that mother is class 1 legal heir and has share in property on her son demise
contact any advocate with details definitely you will get more help.
1. As per law, the mother of your father shall equally inherit share of your deceased father's properties along with your mother and all the children of your father being two brothers.
2. It is not necessary for your grandmother to claim her share of your deceased father's properties. She inherits it automatically.
1. Sections of Act have been enacted by the Parliament and we shall have to follow it.
2. In our society mostly old mothers are widow and dependent on their sons and can be thrown out by their son's own family members in case of untimely demise of their sons.
3. However, we shall have to comply with the provisions of law.
On the self acquired property of the father, the brothers of the father can not stake any claim till the time the class I Legal heirs are alive.
Regards
In my opinion, if your father's mothe did not claim her share out of her deceased son's property during her lifetime, then the said share of property, after her lifetime shall revert to her deceased son's other legal heirs.
property of my father are all self earned. why the law is like that if son died before mother , mother has share in son's property and if son died after mother then mother has no share in son's property. thank you.
The law was framed keeping several issues in mind hence it would not be wise to ask questions about the provisions of law without understanding the law/.
Dear Sir,
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. Please refer the law.
Under Hindu Succession Act, 1956, the property of a Hindu male dying intestate would be given to heirs within Class I.
Class I Heirs ;1) Mother 2) Widow 3) Daughter 4) Son 5) Widow of predeceased son 6) Son of a predeceased son 7) Daughter of a predeceased son 8) Widow of a predeceased son a predeceased son 9)Daughter of a predeceased son of a predeceased son 10) Daughter of a predeceased daughter, and 11) Son of a predeceased daughter
