If her mother is dependent then she will have a share 1/4 th share in the above case
Succession of Nair Hindu female died without a will. Her mother's right in her self acquired asset?
My wife (KERALA_HINDU NAIR)expired in May 2020. In the legal hier ship certificate going to be issued by the revenue department (Tahisildar) members would be: 1.Husband. 2.Eldedest son. 3.Youngerson. 4.Mother of the diseased We are governed by MRUMAKKATHAYAM in Kerala. DOES the mother have any right in her SELF ACQUIRED property? If so, what % of share?
Asked 3 years ago in Property Law
Religion: Hindu
23 Answers
Mother does not have right in self acquired property of deceased daughter under provisions of Hindu succession act
the legal heirs would be husband and 2 sons
As per Hindu Succession Act Class II heirs list
The property of a Hindu female dying intestate, or without a will, shall devolve in the following order:
- upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband,
- upon the heirs of the husband.
- upon the father and mother
- upon the heirs of the father, and
- upon the heirs of the mother.
If point 1 is not fulfilled then mother has share if the point 2 is not fulfilled. Others mother will not have any share in dying married daughter's self earned property. only children and husband will have it.
No mother don't have any right
Yes, one-fourth of the share will go to the mother.
The succession law applicable to this case, that is under the MARUMAKKATHAYAM of Hindu Nairs has to be specifically quoted, for me to proceed further.
Asked 3 years ago
Consult The Hindu Succession Act
Yes, this law applicable to all Hindu's
THE HINDU SUCCESSION ACT, 1956
In erstwhile Kerala existed matrilineal joint family system called Marumakkattayam in which inheritance flows from a common female ancestor ans the succession is through female line. like mother to daughter, daughter to her daughter and so on.
Most of these old laws have been abrogated, reformed or unified into Hindu Succession Act in 1956. Marumakkattayam came to an end on passing of the Hindu Succession Act 1956 and the Kerala Joint Family System (Abolition) Act, 1975.
By the coming into force of the Kerala Joint Hindu Family System (Abolition) Act, 1975 there is no community of interest, unity of possession, right by birth and rule of survivorship. Descent through female line has also come to an end and property on death devolves upon the personal heirs as mentioned in the Hindu Succession Act. The essence of Marumakkathayam law which is that the woman is the stock of descent, which is to be in the female line, is avoided by the Act. The changes effected are so drastic that none of the characteristic features and incidents of the Marumakkathayam law survive today. T
2) The repealing Section in the Joint Hindu Family System (Abolition) Act also indicates that the system has come to an end. The Act deals with both, the Hindu joint family as also Marumakkathayam tarwads. Under Section 7(1) any text, rule or interpretation of Hindu Law or any custom or usage as part of that law is abrogated. In M.K.B. Menon v. A.C., Estate Duty, AIR 1971 SC 2392, it was held by the Supreme Court that Marumak-kathyam law is only a branch of Hindu Law, The setting and the provisions contained in that Act also indicate that it decided to do away with the system of tarwad. By the operation of Section 7as well the system of Marumakkathayam law has ceased to exist.
Husband is not legal heir of deceased wife under MRUMAKKATHAYAM intestate succession but her children and mother. All have 1/3rd share each.
You will be applied with hindi succession law.
As per section 17 of the Hindu Succession Act 1956.
Firstly it would be devolved upon the sons ,daughters and the mother,
Secondly upon the father and the husband.
33.33% i e 1/3 share would be devolved upon mother of the deceased.
As per legal heirship as listed by you in the post, the percentage of share of mother of deceased daughter would be 33.33 % as per law and legal heirs present in the family.
Kerla Hindu Joint Fmily Abolition Act 1975 under section 7 ,shedule of repealed Act .
Reference section 17 of Hindu Succession Act 1956.
Please disclose birth details of you deceased wife.
Details of death you have disclosed.
The DB and CB of Kera High Court at Ernakulam .
1- Division Bench
Vardarajan Case.
2- Constitutional Bench 1993.
Chellema Kamalamma
V/S
Narayana Pillai.
Hindu Succession Act 1956 is a Central Government Act.
Shedule VII of Constitution describes power of State and Central Government to make law in three list.
1- State List.
2- Central List.
3. Concurrent List.
As of Tiday Central Government has not made any amendments in section 17 of Hindu Succession Act 1956.
Its latent ambiguity which can be challenged before the Apex Court under Article 32 and 136 for enforcement of the rights of your mother in law.
If I fight the case of your mother-in- law for her share in the self acquired property of your deceased wife then I ensure she would get 33.33 %.
If your mother in law would challenge the claim and distribution of shares before Supreme Court of India then results would be terribly fair for all.
the Marumakkathayam system of inheritance means the system of inheritance by descent from a common ancestress. It is called a matrilineal system of inheritance and is somewhat different from the patrilineal system of inheritance in the various branches of Hindu law. Various principles of succession were being applied both when a male died or a female died, in the South-Western parts of this country and these principles of succession were generally treated as Marumakkathayam system of inheritance.
Special provisions respecting persons governed by marumakkathayam and aliyasantana laws. (under section 17 of HSA);
(i) for Sub-clauses (c) and (d) of Section 8, the following had been substituted, namely:--
'(c) thirdly, if there is no heir of the two classes then upon his relatives, whether agnates or cognates'.
(ii) for Clauses (a) to (e) of Sub- Section (i) of Section 15, the following had been substituted, namely:--
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son of daughter and the mother;
(b) secondly, upon the father and the husband;
(c) thirdly, upon the heirs of the mother;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the husband;
Thus as per the provisions of law the legal heirs of the female of Nair family under marumakkathayam in your case is:
the children and the mother of the deceased female, husband's rights comes only when there are no legal heirs of the said category survive the deceased.
The mother of the deceased is having equal rights to that of the children of the deceased in the property left behind by the deceased.
The succession law for Marumakkathayam can be read as section 17 of the Hindu Succession Act under which the provisions for this situation has been clearly given.
- As per the Hindu Succession Act, if a Hindu woman passes away - All her acquired properties (Movable or immovable) shall be inherited by her legal heirs.
- Hence after the demise of your wife , her property/ assets will be equally distributed between her sons , daughters if any.
- However Section 17 The provisions of Section 8, 10 and 23 of the Hindu Succession Act. shall have effect in relation to persons who would have been governed by the Marumakkattayam law or Aliyasantana law if this Act had not been passed as if—
(i) For sub-clause (c) and (d) of Section 8, the following has been substituted, namely; (c) Thirdly, if there is no heir of any of the two classes, then upon his relatives, whether agnate or cognates;”
(ii) For clauses (a) to (e) of sub-section (1) of Section 15, the following had been substituted, namely—
“(a) Firstly, upon the sons and daughters (including the children of any predeceased son or daughter) and the mother;
(b) Secondly, upon the father and the husband;
(c) Thirdly, upon the heirs of the mother;
(d) Fourthly, upon the heirs of the father;
(e) Lastly, upon the heirs of the husband.
(iii) Clause (a) of sub-section (2) of Section 15 had been omitted;
(iv) Section 23 had been omitted.
- Hence, mother of your deceased will have equal right over the property left by her , including your sons , i.e. 1/3.
1. Since deceased has died without executing any WILL, ALL her Class-I legal heirs (Husband & Children Only) are entitled to claim EQUAL share in property of deceased.
2. Mother of Wife is not entitled to claim any share.
3. Legal Heir Certificate is legally not applicable for immovable properties.
4. For immovable properties, "Letter of Administration" has to be obtained from state HC or competent Civil Court, by head of family, for property of deceased.
Dear Sir/Madam,
The mother of the deceased will also have the rights as the legal heir considering the said personal law of the Hindu Nair in Kerala.
class1 legal heirs are Husband and childrens. mother doest not have rights.
it is better to consult local lawyer for better advice .
The mother is entitled to get the property.
Yes mother of deceased is class 1 legal heir so she can claim her share from property of deceased.
Mother doesn't have any share.
Yes as per the law.