1) mother share would devolve on her legal heirs
2) it does not lapse
What happens to their inheritance if an intestate beneficiary dies before the estate is settled?
My Brother died intestate. His Mother is a Class 1 heir and in poor health. My Brothers estate is being contested by the other 2 Class 1 heirs. If his Mother dies before the estate is settled and distributed, what happens to his Mother's inheritance from my Brother's estate? Does it form part of her estate, or does it lapse?
Asked 2 years ago in Property Law
Religion: Hindu
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12 Answers
Your mother should initiate legal steps to claim her share out of her deceased son's estates.
Owing to her frail health and inability to appear before court ion India, she can appoint a legal representative or a power of attorney agent to represent and conduct the case on her behalf through her advocate.
If she is not taking any step during her lifetime and dies intestate then her share out of her deceased son's property may devolve on the remaining legal heirs.
To avoid this situation she has to initite steps to claim her rightful share at this juncture without any delay.
It is not automatic that her share of property will join her already existing estates.
If mother dies before other class I heirs, her share will devolve on them. There is no question of lapsing of inheritance.
If a Hindu Male dies intestate, his property would devolve equally to his mother, wife and children. In case the deceased male person s mother being Class-1 legal heir dies intestate before the estate is settled, mother's share gets lapsed.
The Mother in this case - has a will - and so will not die intestate herself. Does that change the previous answers?
Asked 2 years ago
On mother demise property would devolve on beneficiaries mentioned in the will and not all legal heirs
In view of your clarification, the mother's share in the property gets devolved to the beneficiaries indicated in the WILL.
If the mother has made arrangements towards her estates during her lifetime, then she cannot be said to die intestate.
The beneficiaries of the Will can acquire her estates as recited in the Will
If the mother of the deceased dies before the estate is settled and distributed, then her share of the estate would pass to her legal heirs as per the applicable succession law. If the mother has a will, then her share of the estate would pass according to the terms of her will.
However, if the mother had already received her share of the estate before she died, then her share would form part of her own estate and would be distributed according to her will or the applicable succession law if she died intestate.
It is important to note that succession laws vary depending on the religion of the deceased, the place of their domicile at the time of their death, and other factors. Therefore, it is advisable to consult a local lawyer with expertise in succession law to get specific advice on your case.
the mother died subsequent to her son
so the mother will get a share from her son's estate
the mother can also make a Will in respect of the share which she inherited from her deceased son
so the mother's share in the estate of the deceased brother does not lapse
had she died prior to the brother, then she could not inherit
in this case, that is not the case
Your mother's undivided share of your brother's estate automatically vested in her when your brother died. If she passes away later, her share shall devolve equally upon all her legal heirs surviving then. If she leaves a Will in respect of her undivided share inherited from your brother, the Will shall prevail after her death.
Your brother means your mother son ? Right.
Other heirs may be his wife and child.
Mother has 1/3rd share. After her intestate demise, her share will inherit by her son and deceased son child i.e. 1 half each.
If Mother has executed the Will than her share will receive by the beneficiary of the WILL.
It’s part of the estate will not lapse
