Mother is not a legal heir in this case only son and husband 50% each. 

This is the self acquired property of a Hindu female.

After her intestate death, the property left behind by her will first devove on her oww legal heirs consisting her husband and children.

The Hindu Succession Act (HSA), 1956, governs the intestate succession of property for Hindu women. If a married Hindu female dies without a will (intestate), her property generally devolves first to her children (including those of predeceased children) and her husband.

 If she has no surviving children or husband, the property then goes to the heirs of her husband. 

Only if there are no heirs of the husband, the property then passes to her mother and father, and finally to the heirs of her father and mother in that order. 

Therefore her husband and son are the only legal heirs to succeed to her property as her successors in interest to succeed to her estates.

Her mother cannot claim any share in the property while her husband and children are alive.

Husband and son would be legal heirs of property 

mother has no share 

Since Rajeshwari (a Hindu woman) died intestate (without a will) and the property is self-acquired, her property will devolve as per Section 15(1)(a) and Section 16 of the Hindu Succession Act, 1956. Her Class I legal heirs include: husband, son, and mother each will get an equal one-third share in the property. The Supreme Court in Omprakash v. Radhacharan (2009) confirmed this legal position. Since her mother is bedridden, she can execute a registered Power of Attorney (PoA) in favor of a trusted relative to appear before the Sub-Registrar on her behalf, along with medical proof of her condition. You must ensure all legal heirs jointly execute the sale deed or give registered relinquishment deeds to avoid future disputes.

- Since, she died intestate , hence the property would be devolved upon her husband and  son only , and not mother.. 

- Equal share between them. 

You have inquired about the legal heirs and shares of the property owned by the late Rajeshwari, a Hindu woman who passed away intestate, leaving behind self-acquired property in Bangalore, Karnataka, survived by her husband, son, and elderly parents.

Under the Hindu Succession Act, 1956, specifically Section 15(1), when a Hindu woman dies without a will and is survived by her husband and children, the self-acquired property devolves equally upon the husband and the children. In your case, since Rajeshwari has left behind a husband and one son, they are the only legal heirs entitled to her property, each with a 50% share.

Her parents, including her bedridden mother, do not have a claim to the property as long as the husband and children survive her. The Supreme Court’s ruling in Omprakash v. Radhacharan (AIR 2009 SC 1154) supports this interpretation, clarifying that parents inherit only if there are no surviving children or husband.

If in any circumstance the mother’s involvement becomes necessary — for example, if she becomes a legal heir due to absence of husband and children — and she is unable to personally attend the Sub-Registrar’s office because of her bedridden condition, she may execute a power of attorney in favor of a trusted person. This should be properly notarized and accompanied by medical certification for validity, allowing the representative to act on her behalf for registration and other legal formalities.

Based on the above, you can rely on the husband and son being the rightful heirs with equal shares in the property. The mother’s claim would not be legally permissible in this estate division given the surviving heirs.

Should you require assistance with verifying ownership, preparing the necessary documents, managing the registration process, or dealing with any related legal formalities, please do not hesitate to contact us for personalized support and advice at https://share.google/sXrZgiBYvIwgZc29O.

The legal heirs of a self-acquired property of a Hindu woman who dies intestate (without a will) are determined by the Hindu Succession Act, 1956. Generally, the property will first pass to her children and husband. If she has no children or husband, or if they are deceased, the property will then go to her husband's heirs. If there are no heirs from her husband's side, the property will be divided between her parents and their heirs

1. The legal heirs to the property are Rajeshwari's Husband and Son.

2. Fifty percent each.

3.  Not applicable in the present case. However in such a situation, mother can give POA to someone to act on her behalf.

4.  Mother of the deceased is not entitled for a share as per Section 15(1) of the Hindu Succession Act and the same is confirmed by the Hon'ble Supreme Court in Omprakash & others Vs. Radhacharan.

1. Mother being Class II heir her right to inherit only if there is no surviving class I heirs.
2. In your case husband and son is alive. You can purchase property through husband and son. Consent of mother is not required.
3. If you want of take consent of mother, there is procedure for visit of official of office of Sub-Registrar to the residence of bedridden mother. You can submit such an application to Sub-Registrar seeking visit to the  residential place of mother .

Legal Heirs and Share Entitlement

According to Section 15 of the Hindu Succession Act, the property of a female Hindu dying intestate devolves in a specific order. The first category of heirs, who take the property simultaneously, includes her sons, daughters, and husband.

Therefore, the legal heirs of Rajeshwari's self-acquired property are her husband and her son. Her mother and father are not in this first category of heirs and would only be considered if there were no heirs in the first category.

Each of the legal heirs is entitled to an equal share of the property. In this case, the husband and son will each receive a 50% share.

The Omprakash v. Radhacharan Case

The Supreme Court's decision in Omprakash v. Radhacharan, AIR 2009 SC 1154 clarified the distinction between inherited and self-acquired property for a Hindu woman who dies without a will. The court ruled that the provisions of Section 15(1) of the Hindu Succession Act apply to a woman's self-acquired property, while Section 15(2) applies to property she inherited from her parents or her husband.

This means that for self-acquired property, the order of succession prioritizes the husband and children. The mother and father of the deceased woman would only be considered as heirs if there were no husband or children. Therefore, the court's interpretation confirms that in Rajeshwari's case, her mother is not a legal heir.

Procedure for a Bedridden Heir

Since Rajeshwari's mother is not a legal heir in this specific scenario, the procedure for a bedridden heir to register the property is not applicable. However, for general information, if a legal heir is bedridden and unable to visit the Sub-Registrar's office in Karnataka, they can submit an application to the Sub-Registrar requesting a home visit. The Sub-Registrar can then be commissioned to visit the heir's residence to complete the necessary registration formalities. This typically requires a fee and may also need a doctor's certificate confirming the person's mental fitness to understand and sign the documents.

The son and husband of this deceased lady are the only two legal heirs, each having 1/2 share in the property. 

The husband and the son are the ONLY legal Class-I heirs, in the absence of a Will. Each of them is entitled to an equal, undivided share. No one else is entitled to any share. 

Under the Hindu Succession Act, 1956, if a Hindu woman dies intestate, her self-acquired property devolves on her Class I heirs: husband, children, and mother. In Rajeshwari’s case, legal heirs are husband, son, and mother — each gets one-third share. The father is not a Class I heir here. The Supreme Court in Omprakash v. Radhacharan (2009) confirmed the mother’s right. If the mother is bedridden, she can execute a registered Power of Attorney in favour of a trusted person to sign before the Sub-Registrar, or request Sub-Registrar home visit in Karnataka on medical grounds with proof.

Husband and her son are entitled to the property of the Hindu woman who died intestate.

50:50

Rajeshwari's mother would be considered a legal heir only when a situation when the Hindu woman has no children and husband to inherit her property. according to the rules of succession outlined in the Hindu Succession Act.

Since the property is self acquired and not inherited property from her parents therefore her mother is not entitled in her property.

Section 15 of the Act reads as under:

"15 - General rules of succession in the case of female Hindus. - (1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16.--

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub- section (1),--

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband."

Dear Client,

• Who are the legal heirs of the property?

According to Section 15(1) of the Hindu Succession Act, the property will be equally divided between her husband and son. Hence they are the legal heirs who are the valid successors of the property.

• What percentage share is each heir entitled to?

50% share for the husband and 50% share for the son.

• was informed that the mother is also entitled to a share, as interpreted by the Hon’ble Supreme Court of India in Omprakash v. Radhacharan, AIR 2009 SC 1154. Kindly confirm and advise.

This information is false. The interpretation given by the Supreme Court clarified that the heirs of the husband as per section 5(1) take precedence over the female’s parents when there are no heirs as per section Section 15(1)(b).

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.