Mother’s right on the Deceased Son’s property: The laws of inheritance in India can be complicated and make it difficult to understand a person’s right to a relative’s property. Sections of the Hindu Succession Act of 1956 pertain to a Mother’s right on the Deceased Son’s property. Continue reading to learn about the rights a mother in India has over the belongings of her deceased son.
legal successors of a deceased person
In India, succession laws about a person’s faith are used to determine their lawful heirs after their death. The mother, children, and spouse are considered Class-I heirs under the Hindu Succession Act. Other relatives receive the bequest if there are no Class-I heirs. The spouse, children, parents, and other named relatives frequently make up the order of legal heirs for those who practice other religions, according to personal laws. If there is a valid will, its terms will govern how assets are distributed.
What is Class-I heir?
Class-I heirs in India are the closest relatives who have the greatest preference for inheritance, as per the Hindu Succession Act. Heirs of Class I comprise:
- Daughter
- Son
- Widow
- Mother
- Widow of a predeceased son
- Daughter of a predeceased son
- Son of a predeceased son
- Daughter of a predeceased daughter
- Son of a predeceased daughter
- Widow of a predeceased son of a predeceased son
- Daughter of a predeceased son of a predeceased son
- Son of a predeceased son of a predeceased son
Is there the Mother’s right on Deceased Son’s property?
Yes, is the straightforward response to this query. As per the Indian inheritance rules, a mother is legally entitled to receive her deceased son’s belongings. Given that the mother is recognized as a Class-I heir by the Hindu Succession Act, she is entitled to a portion of her son’s assets. The specifics, however, might change based on the situation, whether a will is enforceable, and applicable legal requirements. For example, the mother’s rights over her son’s property may include the use of a portion of it, authority over it, and the right to live there.
Self-Acquired Property: Definition and Explanation
The mother becomes the son’s primary legal heir to his estate in the case of his death. Consequently, whether or not her son has a will, she is entitled to a share of the inheritance. Depending on how many additional legitimate heirs the son had, her portion would vary. The mother would receive the full estate if the son had no other legitimate heirs. The Hindu Succession Act’s rules will govern the mother’s portion, nevertheless, if there are other legitimate heirs.
If the property is her son’s residential property, the mother is entitled to live there; this is referred to as the “right of residence.” If she satisfies the necessary tax and fee responsibilities, she may occupy and use the property as her residence. Moreover, she can use the property to generate revenue by renting it out or using it for commercial endeavors. The mother is also vested with the power to manage and oversee the estate. This gives her the authority to decide how to administer the estate, including whether to sell or transfer assets and how much money to pay off obligations and taxes. In addition, she has the right to designate a manager or trustee to handle the estate in her place.
A mother’s rights over her deceased son’s belongings are not unqualified. If the deceased son left a will or other legal document, its terms may take precedence over these rights. For example, the terms of the son’s will would instantly supersede the mother’s rights to those assets if the son specified in his will that certain assets were to be assigned to specific individuals.
Furthermore, the Hindu Succession Act’s requirements may supersede the mother’s rights to her deceased son’s property. If the son had live offspring at the time of his death, this legislation may reduce or eliminate the mother’s share of the inheritance. For example, the mother’s portion of the estate would be reduced to one-third of the estate’s total worth if the son had a living child.
What rights do parents have over the belongings of their deceased son?
Should a son pass away, the property goes to the mother first, then to the father. The property then passes to the father and his co-heirs if the mother has passed away.
If her deceased son was disinherited, does his mother still have any claim to his estate?
The assets that his parents have accumulated on their own are not transferable to a son who has lost his family’s favor. He is still able to claim his portion of the family estate, though. In a similar vein, the mother has no claim to the late son’s property that he independently obtained if the family has rejected him. In such circumstances, his children and surviving wife will share the property equally. The Hindu Succession Law shall govern the equitable distribution of the ancestral property.
Conclusion
All in all, the Hindu Succession Act, 1956 delineates a mother’s rights with respect to her deceased son’s property. These rights include the right to live on the land, the right to inherit a portion of the estate, and the power to manage and oversee the estate. However, the terms of the Hindu Succession Act itself, or the provisions of a will or other legal document, may replace these rights.
