Just to know whether Mother have a right in deceased Son's property. Here at the time of Son's death, Mother was alive. Mother is alive. Now the question is after the death of mother, will the right of mother gets transfered to other sons and daughters. Mother has elder son and deceased is younger son. What if the mother's share is completely transferred by somehow to elder son, what about younger/deceased son's wife and daughter? Is there any direction from Highcourt saying that after the death of mother, the right will get transfered to deceased son's wife and childre3n. So is it valid Justice in tranfer of younger son property to elder son via mother share? Mother gives importance to his elder son than grand daughter since she is female, marries and goes to some other's house. This is injustice, how to fight on this? Please clarify.
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On son demise mother has equal share in his property
2) in present case she has one third share in property
3) on mother demise her share would devolve on elder son , deceased son wife and daughter
Mother can during her lifetime execute gift deed for her one third share in property
she can also bequeath her one third share by will
1. IF Younger Son has died without making a WILL for his own properties, ONLY then Mother and Wife /Children shall have EQUAL share in deceased Son's property, without any exceptions, under the Hindu Succession Act.
2. Elder Son will not have any rights, till Mother and brother's Wife /Children are alive.
3. Once Property share is given to Mother, THEN mother can give it away to anybody.
4. IF Wife/Children wish to Claim 100% property of her husband (deceased younger son), THEN wife has to file Civil Court Proceedings, with help of a experienced local lawyer specializing in Property Matters.
What if deceased person's wife remarried, is their a legal process to get share from deceased mother. 1) What are proceedings to claim 100% for below point. 4. IF Wife/Children wish to Claim 100% property of her husband (deceased younger son), THEN wife has to file Civil Court Proceedings, with help of a experienced local lawyer specializing in Property Matters. 2) Does mother(deceased wife) loses the custody of her daughter upon remarriage. 3) Presently baby is with maternal grandparents, how to gain complete custody of baby.
1) wife does not lose custody of daughter on remarriage
2) remarriage does not result in loss of inheritance
3) wife and children would not get 100 per cent share in property upon husband demise
4) welfare of child is paramount consideration
5) custody of minor daughter is generally awarded to mother
1. On death of a person his property is inherited by his legal heirs which include his mother, wife and children in equal share. Sk each one has equal share depending upon the number of legal heirs and nk one can claim whole share depriving others.
2. The law of inheritance and custody of children has no connection with the remarriage of wife.
3. To get back the custody parent having preferable right than the grandparents if the child can file suit for custody.
4. The share inherited by mother can be transferred by her to anyone of her choice.
Mother has right in her deceased son's property under Hindu succession law. Only the share of the mother will be transferred to get sons and daughters.
4. Wife can't claim 100 percent if mother is alive and claiming her share. If she is not alive then wife can claim 100 percent if no class one heir present.
2. No she doesn't lose the custody.
3. You need to file custody petition in family Court
Hello,
Hello,
If your husband had made a will of property than it may get you and your children.
If the property is inherited by mother and after her the property will get distributed to all legal heirs of her share equally.
If you don't want to give share to mother so initially you can inherit property on her name and within next 15 days make a WILL on you son name her all share will transferred.
If wife want to re marry than first get whole property transferred on wife's and son name of deceased son.
Regarding custody of child mother can apply in the court for custody of child.
File a custody petition under Guardians and Wards Act for the permanent custody of the chil.
Mothers Share cannot be transferred to other sons and daughters
Mother will inherit equal share alongwith other sons, daughters and widow of the deceased son.
Remarriage of widow shall have no effect.
Hi
1) Mother is a class I heir for a deceased hindu male by virtue of section 15 Hindu succession act, mother will get a share of the deceased younger son's properties both movable and immovable.
2) After the death of the mother, her legal heirs (in absence of any gift deed or will executed by the mother) will be
a) Eldest son and
b) Legal heirs of deceased younger son,
All properties belonging to the mother will be divided only in this manner by virtue of Section 14 and 15 of Hindu succession act.
3) The deceased person's wife will continue to be a legal heir of the deceased husband (deceased younger son) at all times . Her remarriage will NOT alter the status through out her life time.
4) Since the share of the mother in her younger son's property is a natural right, courts will always request the mother
a) to consider bequeathing the property obtained by her from her deceased younger son
b) by way of gift/will in favour of the minor grand daughter during the pendency of court proceedings and
c) this is the only for the wife/children to get 100% of their husband's property.
5) The deceased wife can remarry and will continue to retain both custody and guardianship of her daughter. The baby will always remain in custody of the mother and the guardianship will always remain with the mother. The mother (deceased wife) need not file any application for custody and guardianship of her daughter at any point of time.
Hope this information is useful.
On the death of son, his property inherited in his wife, child and mother equally.
And after mother's death, her share inherited in her children and deceased son's child equally.
Remarriage dose not affect inheritence and custody right.
Can claim 100% share if other execute release deed.
Father died, grand mother died , if grand father also died, than no body can claim custody from mother.
Reply to your first post:
According to provisions of Hindu Succession Act, on if a son pre-deceased mother alongwith his wife and children, mother gets 1/3 share in his property.
On death of mother, her share goes to elder son and her widow daughter in law (younger son's wife)
Option with mother is, she can gift her share to grand daughter, get it registered by paying stamp duty or bequeath it by way of Will.
Reply to your second post:
Wife and children will not get 100% share on husband's death, legal heirs as specified in Sec.8 of Hindu Succession Act will be entitled, as such, mother of deceased will also get share alongwith wife and children.
No wife will not lose custody of child / baby even if she remarries.
Welfare of the child is of paramount importance, as such, mother will get the custody of the child.
A mother as one of the legal heirs of her deceased son is entitled to a legitimate share in the property left behind by her deceased son provided he is reported to have died intestate.
In that case she has to inherit/acquire the said share with separate possession during her lifetime and has to to transfer her share in the property to the person of her choice during her lifetime.
If she fails to transfer the same or even inherit the same during her lifetime then the said share of property shall revert on the other class I heirs of the deceased one.
If the widow of the deceased son remarries then the property reverted from the mother of the deceased son shall vest and devolve on other class I legal heirs of the deceased, i.e., the children.
There is no provision in law to acquire the entire property of the deceased by his widow and children alone especially when the mother of the deceased is living.
The mother of the deceased son cannot be deprived of her rights of inheritance and if she files a partition suit, the court will grant her the legitimate share in the property that she is entitled.
Hench don't get into any such fancy idea of ignoring the deceased mother by not allotting her legitimate share out of her deceased son's property.
2. The biological mother cannot lose her child's custody even if she remarries another person after becoming widow.
3. She can snatch the child from her in laws by force or by taking the assistance of the police because the grandparents do not have any rights on the grandchildren especially when the mother of the children is alive.
- As per the Hindu Succession Act, if a son passes away without leaving a will, his property will be equally distributed among his widow, his children and his mother.as all of these relations constitute Class-I heirs.
- After getting the share , it will considered as self acquired property , and the person after getting the share can transfers his share in favour of anybody.
- Further, after the death of mother , her share would be devolved upon her legal heirs, and in case of any legal heir died , then his/he share can be claimed by the deceased legal heirs.
- Yes, during her life time she is having her right to transfer the property to any one , and none has right to claim .
- Hence, if mother has transferred her share to elder son during her life time , then no younger son cannot calim.
- But, if mother died, without leaving a WILL , then elder son and the legal heirs of deceased son will also have a right over the property.
- No, after the death of mother , her all sons have equal share , and mother cannot give importance to her elder son only than grand daughter .
- Even after remarry , her share in property of deceased husband would be intact.
- Mother has better and legal right to claim custody.
1. Yes mother of deceased son have rightful claim for share of her son's property as she is also class I legal heir of her son along with wife and children of deceased.
2. After death of mother her share will devolve among all her children equally if she dies without writting any will.
3. No mother doesn't loss custody of her children after remarriage.
mother is a legal heir of the deceased son.
mother can claim 1/3rd share.
After the death of the mother, her said share of her deceased son's properties will go to Class I heirs .
If this gift deed was executed by mother in a normal status i.e., without any pressure and in a sound mental health, this can be considered as a valid document hence neither you nor anyone can claim any share in the property after the said execution in son Or daughter favor.
1. Mother is a Class 1 heir of a Hindu male who dies intestate.
2. On the demise of mother, if she died intestate, her share devolves on her husband and children (including heirs of pre-deceased child).
3. There can be no direction from any High Court or Supreme Court contrary to the statute.
4. If the deceased's wife remarried before she has claimed the property of her deceased husband then she cannot claim it. Suit for partition is the remedy for any heir who wishes to cull out his/her share in the property.
5. Mother does not lose the custody of her daughter upon her remarriage.
6. Custody of child in the hands of maternal grandparents during the lifetime of mother of child, despite the demand of mother to return the custody of child, is illegal. The remedy in the hands of mother is to file a petition for the issuance of writ of Habeas Corpus in the High Court to seek immediate custody of child through summary proceedings.
