• Mother, wife,childless deceased son, own property and ancestor property,

I am younger brother of retired army and joined state government job last month he dead on service,he don't have any children, he has ancestor property and also own property, what shares will come for mother and his wife. can have mother get back ancestor property ? 

regards 
prakaash.
Asked 6 years ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

12 Answers

On your brother demise your mother and his widow would be the legal heirs 

Ajay Sethi
Advocate, Mumbai
99835 Answers
8148 Consultations

Both will inherit half share.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

His mother and wife shall get 50 percent each that is equal share in his property. And they shall receive benifit equal from any amount in bank and state .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

mother and wife of your deceased brother will get equal share being only legal heir.

 

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

How many other legal heirs are there for the ancestral property 

With regards to the self acquired property both the mother and the wife will get 50% share in the property. 

 

Regardss  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If you are the legal heir then you can claim the property

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Dear Sir,

Yes, your mother get one share in the ancestor property.

After the death of male it naturally devolves on the following formula

Section 8 in The Hindu Succession Act, 1956

  1. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—

(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;

(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;

(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and

(d) lastly, if there is no agnate, then upon the cognates of the deceased.

 

Hindu Succession Act, 1956 [Section 8]

HEIRS IN CLASS I AND CLASS II

 

CLASS I

Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.

 

CLASS II

  1. Father.
  2. (1) Son’s daughter’s son, (2) son’s daughter’s daughter, (3) brother, (4) sister.

III. (1) Daughter’s son’s son, (2) daughter’s son’s daughter, (3) daughter’s son, (4) daughter’s daughter’s daughter.

  1. (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.
  2. Father’s father; father’s mother.

VI.. Father’s widow; brother’s widow.

VII. Father’s brother; father’s sister.

VIII. Mother’s father; mother’s mother.

  1. Mother’s brother; mother’s sister.

Explanation : In this Schedule, references to a brother or sister do not include references to a brother or sister by uterine blood

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Your brother's own property will go to his wife and mother equally. 

All ancestral properties will be taken upon as part of joint family property in absence of any coparcener descendant of your brother.

 

 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

Wife and mother are legal heirs class1 both get equal share in deceased property. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

Dear Sir,

You may rely upon Section 8 as follows:
================================================================

Section 8 in The Hindu Succession Act, 1956

8. General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—


(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;


(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;


(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and


(d) lastly, if there is no agnate, then upon the cognates of the deceased.

=========================================================================

Hindu Succession Act



Class I  Heirs

Son

Daughter

Widow

Mother

Son of a predeceased son

Daughter of predeceased son

Widow of predeceased son

Son of a predeceased daughter

Daughter of predeceased daughter

Son of predeceased so of predeceased son

Daughter of predeceased son of a predeceased son

Widow of predeceased son of a predeceased son

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

The properties on his name whether self acquired or ancestral/inherited, shall devolve on all his legal heirs equally namely his mother and wife on his death if he is reported to have died intestate.

 

There is no discrimination for distribution of his properties among his legal heirs, both will be entitled to an equal share.

 

 

T Kalaiselvan
Advocate, Vellore
90036 Answers
2498 Consultations

1. The property of a Hindu male dying intestate devolves on his mother, widow and children equally.

2. If there is consensus between the heirs then partition can be done amicably through execution of a partition deed, else any heir can file a partition suit,

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer