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Author Topic: widow mothers share in dead sons property  (Read 628 times)

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Offline Aanalnirav

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widow mothers share in dead sons property
« on: November 25, 2015, 08:32:25 PM »
My aunty is a widow, her son died in a road accident last year.
her son owns a flat jointly with his wife.her son is survived by wife and a daughter 3 years old.

the old widowed mother wants to know does she have a share in this flat?
please advice as she is penniless and helpless

Offline advlaxmanadvani

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Re: widow mothers share in dead sons property
« Reply #1 on: November 25, 2015, 08:35:34 PM »
Your aunty is entitled to one third share in the 50 per cent share that your son had in the flat. Not only that she also has  one third share in all his other assets according to The Hindu Succession Act. I hope this gives some relief to your old aunty take care of her
Advocate laxman Advani
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Offline adv.amarnath

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Re: widow mothers share in dead sons property
« Reply #2 on: November 26, 2015, 11:18:52 AM »
As per Hindu Succession Act, Mother, Wife, son and daughter are the Class I heirs who all jointly inherit when a male person died intestate. In you aunty's case, she is the owner of 1/3rd undivided share of the total property left by his son. Her daughter in law, grand daughter shall also inherit 1/3rd undivided share of all movable and immovable property.

This above rule applies and valid if your aunty's son has died intestate.

Amarnath Sanyal
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