Can mother claim share in her sons property who died intestate?


Upon the dying of an individual, his/her assets, title, money owed and duties can also additionally devolve upon the inheritor. As consistent with law, a married daughter has every right to assert a proportion in her father’s property. She has her right to property as much as her other male and unmarried siblings.

Section 8 and Section 15 of The Hindu Succession Act 1955 mention general rules of succession withinside the case of female and male Hindus. According to those sections, Property is given to the legal heirs of the deceased in Class I heirs while the deceased has died without any will.

Daughter, son and widow etc, will be considered as Class I heirs of a deceased person. As consistent with this, if someone has died intestate than the mom at the side of different prison heirs do have an same proportion in the assets.

Mother is a legal heir to her deceased son’s assets. Therefore, if a person leaves behind property, his mom, spouse and children, will all have rights on his assets. Do notice that if the mom passes away with out developing a will, her proportion in her son’s assets will devolve upon her legal heirs, such as her different children.

If its not her sons assets than she can’t take the proportion.

Reference: Section 8 of The Hindu Succession Act 1955 – – AHG115 – 202100580 – 55 – 56 – 20210015020210009187


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