Can a mother inherit her dead’s son properties/ assets with no will

Question

Can a mother inherit her dead’s son properties/ assets with no will

30-Apr-2024 (In Family Law)

My father passed away recently without creating any will My fathers brother just called my mom and said that my grandmother (who’s 88 and has major dementia- and she doesn’t even know about my dads passing) will be a legal inheritor - we don’t think this is fair at all- what do you suggest?

Answers (5)

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Family lawyers for your specific legal issue

Connect with a Lawyer

Comments by Users

No Comments! Be the first one to comment.

Adv. Anurag Jangra Adv. Anurag Jangra

Delhi | 200+ Answers

Chat CONTACT NOW

Advocate Mamta Sarna LawRato · Accepted Answer · 2024-04-30T06:55:06+05:30

Answer #2

According to the law, there is also a description of the parents’ share in the property. under the Hindu Succession Act, the wife, children and mother are the Class 1 heirs in a man’s property. If a person dies, his property is divided equally among the Class 1 heirs. The Class heirs refer to the heirs who are entitled to inherit the property of a Hindu male who dies intestate (without leaving a valid will)

Helpful?

Adv. Mamta Sarna Adv. Mamta Sarna

Delhi | 25+ Answers

Chat CONTACT NOW

Advocate Anubhav Kathuria LawRato · Accepted Answer · 2024-04-30T09:37:22+05:30

Answer #3

Yes as per class one legal hiers she is also entitled to equal share in your fathers property alongwith other legal heirs wife son and daughter. For that you need to file a petition before the Hon’ble District Judge since your father died without a Will. You may connect

Helpful?

Adv. Anubhav Kathuria Adv. Anubhav Kathuria

Delhi | 1000+ Answers

Chat CONTACT NOW

Advocate Bhawana Pandey LawRato · Accepted Answer · 2024-04-30T13:19:34+05:30

Answer #4

Assuming that you are Hindu, If your father has died without leaving behind any will then as per the Hindu succession act, you, your mother and other siblings shall have equal share in the property. Your uncle or grandmother can’t make any claim as such. For further clarification feel free to contact Thanks

Helpful?

Adv. Bhawana Pandey Adv. Bhawana Pandey

Delhi | 1000+ Answers

Chat CONTACT NOW

Advocate Kawaljit Singh Bhatia LawRato · Accepted Answer · 2024-04-30T19:09:25+05:30

Answer #5

as per section 8 of the Hindu Succession Act, upon the death of a Hindu male, the property devolves firstly upon heirs specified in Class I of the Schedule. Class I heir includes son, daughter, widow, mother, son of pre-deceased son, etc. etc. you may see Class I heirs in Schedule of the Hindu Succession Act. So yes, your grandmother is entitled to a share in your deceased father's property, like you, your siblings and your mother.

Helpful?

Adv. Kawaljit Singh Bhatia Adv. Kawaljit Singh Bhatia

Delhi | 25+ Answers

Chat CONTACT NOW