On demise of mother her share would devolve on her legal heirs ie daughters , widow of deceased son
Roll back of property inherited by mother of her deceased son to his wife after demise of mother
Hindu male died intestate in year 2019 leaving behind wife and mother. No children. He left one flat which was self earned by him. Now mother has got 50% share in the said flat and wife of deceased got 50% interest. Will share of mother (i.e 50%) will roll back to wife of deceased after death of husband's mother? The mother had three daughters and a son (who died in 2019).
Asked 4 years ago in Property Law
Religion: Hindu
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20 Answers
1. The daughter in law does not inherit the property left by her in laws.
2. SO in this case in the death of mother the widow will not get her half share unless she makes a Will or gift deed during her lifetime.
3. Since the mother has 3 daughters they will inherit their mother's half share in the property in the event she dies intestate.
1. 50% share of mother-in-law will not rollback to the widowed daughter-in-law, if mother-in-law dies intestate ( without executing a WILL ).
2. If mother-in-law dies intestate, then her share in the property would devolve equally to all her legal heirs, including the wife and children of the deceased son. In the instant case 3 daughters and a son. In other words, her property would devolve equally to 3 daughters and 1 son in the ratio of 25% each in four parts. The 25% share of the deceased son will be subdivided equally amongst his wife and children.
3. However, if the mother-in-law executes a WILL in respect of her share in the property and bequeathed it to someone, then after the death of mother-in-law, the beneficiary would be entitled to her share.
No it won't roll back to wife if there is no such will by mother , the property shall go to legal heirs of the mother and siblings shall have right in same.
After demise of mother instestate her share to the property shall devolve upon equally to her children including children of any predeceased son or daughter only.
There shall be no roll back of the property to wife of deceased husband in this case due existence of children of the mother.
The mother should not get anything as the wife is the first heir along with children. Property goes to parents if a person's spouse and children are not present.
If half the share went to the mother then it would be shared amongst her children.
Regards
question to Adv Rahul Mishraji.......under which provision of law wife can inherit entire in exclusion of her mother in law
Asked 4 years ago
There is no such provision if law if there is no will wife cannot inherit the complete property.
Wife cannot inherit deceased husband property to exclusion of mother in law
Sorry it was a mistake.the mother would get an equal share. But after her the property would devolve to her children first.
- As per law, wife has no right to claim any share in the property of her mother-in law , i.e. husbands mother , during the life time of husband.
- But , after the demise of her husband, the share will be devolve upon her , and other legal heirs.
If she died intestate and same becomes her self acquired property then wife will not have share
If there are no other sharers, the wife has full right to inherit the entire property of her deceased husband. “According to Section 10 of the Hindu Succession Act, the distribution of property takes place among all heirs, including the deceased's widow,”
If the mother of the deceased son has not taken possession of the property i.e., not transferred her share of property to her name during her lifetime then her share in the property inherited through her deceased son shall revert to the other Class I legal heirs of her deceased son.
You may go through the provisions of law as envisaged in the Hindu succession act for more clarity and further clarifications on the subject matter.
No but in mother`s daughters only, 1/3rd share each. To made wife absolute owner, mother in law have to execute release/gift deed in her life time or through WILL after her death.
the said property share go to legal heirs of the mother i.e her Daughters.
For roll back the share of mother of deceased to his wife.
Wife need consent of all legal heirs of mother to transfer share of mother on her name.
For roll back the share of mother of deceased to his wife.
Wife need consent of all legal heirs of mother to transfer share of mother on her name.
1. The share of mother will devolve on her children and the legal heirs of pre-deceased children if she dies intestate.
2. She is free to bequeath her 50% share during her lifetime.
50% share of your MIL on her demise will go to her 3 daughters
You can have a claim only in respect of your own 50% share
