In case of son D, on his death it is his children and mother I.e. your wife B who are class- 1 legal heir of son D and property of D shall be divided among class-1 legal heir in equal proportion. However, in case of death of E I.e. wife of D, her children are only class-1 legal heir so property shall be divided among class-1 legal heir in equal proportion. If there is WILL then property shall devolve in terms of WILL.
Who is the legal successor after death of son and thereafter daughter in law
Suppose my name is A, I am Hindu and am 69 years old. My wife B is also Hindu and is 64 years old. We live in Kolkata (WB). We have two sons, Elder C is now 40 years old, married, lives in Noida (UP) and younger son D who suddenly passed away at the age of 38 on 16th April 2023, leaving behind his wife E. They had no children. Then suddenly my daughter-in-law E also died on 26th April, 2023. They lived in Bengaluru (Karnataka). As far as my knowledge, none of them had a will. My question, Who will inherit their properties ? Kindly reply as soon as possible.
Asked 2 years ago in Property Law
Religion: Hindu
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10 Answers
The properties left behind by your son shall devolve on his own legal heirs, i.e., on your wife in the absence of his wife and children.
The property lying on your daughter in law shall devolve :
a) Firstly to sons and daughters, including children of any pre-deceased son or daughter, and the husband; b) Next, to the heirs of the husband; c) Then, to the mother and father; d) Next, to the heirs of father;
In this circumstance, your wife shall be entitled to succeed to the estates lying on your deceased daughter in law
If it were to be jointly owned property of the deceased who died intestate, then the property would devolve to wife (B), Son (C) and father (A).
However if the property were to be the inherited property from 'E' 's parents, then on the intestate death of 'E', the property she was owning reverts back to her parents and siblings.
The mother and father of the son otherwise the grandson or the relatives of daughter in law
On son demise his mother and wife are legal heirs
2) on wife demise property inherited from husband would devolve on husband side of family
your wife and your son D's wife will inherit D's property
D's wife will inherit because she died subsequent to D
So the 50% share from the estate of D which D's wife inherited, would form part of D's wife's estate
D's wife's estate [including the 50% share she inherited in the properties of D] will devolve on the heirs of her husband
the heirs of the husband would be the mother of D and his widow [there being no children of D]
since D's widow is no more, the properties of D will go to D's mother exclusively. So D's mother would inherit 50% share from the estate of her son and would also inherit the balance 50% that had devolved on D's wife after D's death. So the entire property of D will go to his mother
however those properties which D's wife had inherited from her parents, would go to the heirs of her father
Dear Client,
1) In the event of his demise, both his mother and wife are recognized as legal heirs to his estate. As per the applicable laws of inheritance and succession, they have a rightful claim to the assets and property left behind by the deceased.
2) When a wife passes away, the property and assets she inherited from her husband would be inherited by the husband's side of the family.
As regards your son's estate, it shall devolve solely on your wife and his mother, there being no other Class-I legal heir for him. As for your DIL's estate, it shall devolve on her Class-I legal heirs such as her parents.
On death of son, wife and mother inherited. On wife death, property will inherit in parents of son.
- If the said property is in the name of deceased D , then his property would be devolved upon his mother in the absence of his childless wife.
