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After mother's death will the share go to the legal heirs ?


02-Jan-2023 (In Family Law)
The above had met an bike accident in November 2008 while coming from his work place kozhikode airport . His wife Mrs.  had put up his claim and already sanctioned the amount. Since his mother has expired in August 2017, who will be entitled for it. My wife is one of the legal heirs , she wanted to return the entire amount of mothers share to the wife of the deceased . Could you please let me know since the mother is no more should the share goes to the legal heirs
Answers (3)

Answer #1
835 votes
No. The legal heirs of mother are not entitled to get her share. It will goes to the wife of the person who met with accident. But there is no retrospective effect for this. The date of mothers death is considered for this issue in a recent ruling of supreme court
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Advocate Sreenivas V Pai

Adv. Sreenivas V Pai

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Answer #2
708 votes
Certainly. After the demise of the mother, the amount is entitled equally to the legal heirs ie.. a) firstly upon the sons and daughters ( including the children of any pre-deceased son or daughter and the husband secondly.... upon the heirs of the husband so on Since your wife come under the proviso a mentioned above she is also entitled to get a equal share on mothers amount
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Advocate Hari C.G

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Answer #3
856 votes
The facts posted lacks clarity Please post simple facts. How is your wife related to the deceased? How does his mother come into picture?.
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Advocate P Venu

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