1. Yes, mother can bequeath her share.
2. No. Ravi legal heirs too have right to share of Ravi. Means mother share be divided in Four parts including Ravi.
Property got as legal heir
A person named Ravi (Hindu Family) & His wife passed away. No WILL. Ravi's mother (33%), son(33%), and daughter(33%) are legal heirs as per Ravi's legal heir certificate. Ravi's all properties are Ravi's own earned properties. To date, Ravi’s properties are not yet divided among legal heirs.Still, all properties are in the name of Ravi. Already Ravis' daughter filed a partition suit. Question: 1. Ravis mother can write a WILL/ Giftdeed on undived Property got as a legal heir. If Ravis mother passed away without any WILL or Gift deed or settlement deed. 2. Is Ravis mother share (33%) dissolve to Ravi’s mother owns all Legal heirs?. She has 3 sons apart from Ravi. Each legal heir gets 33%/4 = 8.25% each. Or 3. Is Ravi’s mother share dissolve to only Ravi’s son and daughter and become a 50% share each?
Asked 10 months ago in Property Law
Religion: Hindu
19 Answers
She can execute will for her one third share in property
2) on mother demise intestate her share in property would devolve on her legal heirs
3) each legal heir gets equal share in property
The source of property to his mother was through her deceased son Ravi.
Hence if failed to acquire her share in the property during her lifetime then it will devolve on the other legal heirs of Ravi.
However, the partition suit filed by daughter of Ravi clearly indicates the share of the mother and she has been duly impleaded as a party'to the suit, it is deemed that she acquired her share, in that circumstances, her share of property will devolve on her own legal heirs which will include Ravi's legal heirs too.
1. Ravi's mother is independent to take any decision regarding her 1/3rd undivided share in the property. In other words, she can bequeath the property to anyone or to many persons by executing WILL, execute registered Gift Deed, Relinquish her share in favour of Ravi's son and/or daughter, execute settlement deed, etc.
2. In case Ravi's mother dies intestate (without executing a WILL), then her 1/3rd undivided share would be inherited equally by Ravi's son and daughter.
3. If Ravi's mother dies intestate, her other three sons would not get any share.
In the given scenario, it appears that Ravi's mother, Ravi's son, and Ravi's daughter are the legal heirs of Ravi's estate, each with a 33% share. Since Ravi's properties are still in his name and have not been divided among the legal heirs, the following situations could arise:
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Ravi's Mother Writing a Will/Gift Deed: Ravi's mother, being one of the legal heirs, can potentially write a will or gift deed to transfer her 33% share of Ravi's properties to someone else. However, if the properties are not yet divided among the legal heirs, she can only bequeath or gift her share in those undivided properties. The rights of the other legal heirs (Ravi's son and daughter) to their respective 33% shares will remain intact.
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Ravi's Mother's Share Dissolving Among All Legal Heirs: If Ravi's mother passes away without leaving a will or gift deed, her 33% share in Ravi's properties would typically devolve according to the laws of intestate succession. In the case of Hindu family, if a person dies intestate (without a will), the distribution of their estate is governed by the Hindu Succession Act, 1956.
According to the Hindu Succession Act, in the absence of a will or other testamentary disposition, Ravi's mother's 33% share would be divided equally among all her Class I legal heirs, which include her sons (Ravi and his brothers), and the distribution would be as follows:
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Ravi's Son (Ravi's grandson): 33% (initially his own 33% share) + 33% (1/4th of Ravi's mother's 33% share) = 66% or 33% each (assuming no other grandchildren)
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Ravi's Daughter (Ravi's granddaughter): 33% (initially her own 33% share) + 33% (1/4th of Ravi's mother's 33% share) = 66% or 33% each
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Ravi's Brothers: Each would receive 33% (1/4th of Ravi's mother's 33% share) = 33% each
- Ravi's Mother's Share Dissolving Only Among Ravi's Son and Daughter: If Ravi's mother's share dissolves only among Ravi's son and daughter, and she does not have any other children apart from Ravi, then her 33% share would be divided equally between Ravi's son and daughter, resulting in each receiving 16.5% (33%/2) of Ravi's properties.
Please note that the actual distribution of the estate would depend on the specific laws of intestate succession applicable in the relevant jurisdiction.
1. Yes, Ravi's mother can very well gift or will away her undivided share.
2. If Ravi's mother passes away without leaving a will, her undivided share (of Ravi's estate) shall devolve on all her legal heirs equally - her sons and daughters.
3. No, see answer to Q.2.
1. Yes, she can transfer her undivided share by way of Will/gift deed , and even can release her share in the name of other legal heirs
- If she passed away intestate, then her share would be devolved upon all her legal heirs equally
2. Yes, 3 sons including Ravis legal heirs will be claimant.
3. No.
Her share will be received by her legal heirs in equal proportion
Dear Client,
- Yes, the mother can bequeath her share of the property to anyone she wants.
- The legal heirs of Ravi also have a right to his share of the property. This means that the mother's share of the property will be divided into four parts, including Ravi's share.
Yes.
Yes, 1/4th share in 33%.
NO
Ravi Hindu from Tamilnadu deceased without WILL. In 2019 leaving behind the wife, mother, son and daughter. Ravi got a few properties as a family settlement in 2011 from his father who passed away in 2018, As per revenue document shows that gift settlement document. Note that that settlement property was purchased by the Ravis father. Rav’s brother also got few properties as a family settlement in 2010 from his father Some other properties were purchased ravi by his own. Ravi's Brother and Sister both are alive. I understand that Ravi's mother has equal rights on Ravi's own purchased properties as per Hindu act. My Question about the settlement property Will the Ravis mother have rights on Ravis Settlement properties?
Asked 24 days ago
On Ravi demise on all properties standing in his name his mother will have one fourth share
yes. Mother is class-1 legal heir of her son Ravi along with his wife and his children so mother is entitled to equal share in ALL PROPERTIES of her son Ravi. It does not matter as to whether properties were self acquired or received in settlement or as a gift.
Yes, Ravi's mother will have rights on Ravi's settlement properties also alongwith his self acquired properties.
Yes. In each property mother have equal share.
If he dies without will then she will have a share in the property along with his wife and children if any.
- As per law, after the demise of RAVI without a Will, his property & asset can be claimed by his legal heirs equally i.e. each will have 1/4 share .
- After getting gift from his father , this property would be considered as self acquired property of RAVI.
- Yes, mother will have 1/4 th share in that property as well.
The properties Ravi acquired through family settlement are his absolute and exclusive, similar to his self-earned ones. As such, Ravi's mother has equal rights over these properties as well.
Dear Client,
If the settlement was a gift made by Ravi's father to Ravi in 2011, it's crucial to examine the terms of the settlement deed. The deed may specify whether the gifted properties are solely for Ravi's benefit or if they are intended to benefit the entire family including his mother. In India, inheritance laws for Hindus are governed by various acts such as the Hindu Succession Act, 1956, and amendments thereto. These laws provide rights to family members in the event of intestate succession (i.e., when there is no will). Under these laws, Ravi's mother would typically have a share in his properties, including the settlement properties, along with his wife, son, and daughter. If the settlement deed explicitly mentions that the properties are solely for Ravi's benefit and do not include his mother or any other family members, it could affect the rights of his mother to those specific properties. Courts may interpret the settlement deed and relevant laws to determine the rights of Ravi's mother. They may consider factors such as the intention of the parties involved in the settlement and the overall family arrangement.
Ravi's mother is one among his class I legal heirs and upon his intestate death she is also entitled to a share in the properties he left behind as a right.
Ravi's properties whether inherited through a settlement deed or self acquired belongs to Ravi's intestate properties.
hence an equal share to his mother cannot be denied.