Rights of a Mother in her Son’s Property
Apr 24, 2019 Real Estate News
According to the Hindu Succession Act, the wife, children and mother constitute as a part of Class I heir for a man. In case the man passes, his property will be equally divided among the Class I heirs. If his mother, wife and children survive the man, then the property is equally divided among the mother, wife and the sons. The father of the man, however, can only inherit his property if none of the Class I survivors are present. The father of the man is generally in the Class II heir.
There are many questions regarding the mother’s right on her son’s property. We discuss them below:
Similarly, if the family has disowned their son, then the mother has no right in the late son’s self-acquired property. The property will be equally divided amongst his surviving wife and children. The ancestral property will be divided equally according to the Hindu Succession Law.
There are many questions regarding the mother’s right on her son’s property. We discuss them below:
If the son was disinherited
There are cases in which the family disowns their son. In such a case, the son cannot inherit his parent’s self-acquired property, but he has all the rights to claim his share in the ancestral property.Similarly, if the family has disowned their son, then the mother has no right in the late son’s self-acquired property. The property will be equally divided amongst his surviving wife and children. The ancestral property will be divided equally according to the Hindu Succession Law.
Property rights on the mother’s legal heir
After the death of the mother, her share on the property of her deceased son will be divided equally among her legal heirs, given she has not already written her will have passed it all to a person.Inheriting property from adopted son
According to the Hindu Law, the child after the adoption is treated the same way a biological son is treated. The mother can inherit her adopted son’s property under the law.Transferring the property of minor son
According to Hindu law, if the father is alive, then the mother is not treated as a natural guardian. She has no right in the property of her minor son. If the property inherited from the father is not ancestral, then the mother has no right on the son’s property. She cannot sell it or transfer the property.Looking for property portal?
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