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Can a mother sell his son inherited property or write a will
25-Jul-2023 (In Family Law)
Hello. My unmarried uncle (a Hindu) died suddenly without leaving a will. He had self earned properties. He left behind his widowed mother, 4 brothers and a sister. Now who will be the legal heir to inherit his properties? If his mother is the legal heir can she sell or write a will regarding the inherited properties?
YES THE PROPERTY WILL DEVOLVE UPON THE MOTHER WHO IS FIRST CLASS LEGAL HEIR. IN THE PRESENCE OF MOTHER, SIBLING WILL NOT HAVE ANY RIGHT. SO MOTHER CAN SETTLE THE PROPERTY WHOMEVER SHE WANTS. IF THE SIBLINGS WANT THE PROPERTY, MOTHER CAN AMICABLY DO IT.
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Adv. Varalakshmi
Chennai | 25+ Answers
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Your uncle's mother is the only Class-I legal heir entitled to intestate succession of your uncle's estate, to the exclusion of all others. As such, she can deal with the inheritance in any manner she wishes, including writing a Will or selling it.
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Adv. Swaminathan Neelakantan
Coimbatore | 700+ Answers
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As per S.8(a) of the Act, it is the mother who inherits the property of her deceased son;
She is competent to bequeath the property through a Will or through any other registered instrument and it becomes valid in the eyes of law.
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Adv. Rajaganapathy
Chennai | 100+ Answers
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Hello,
His widowed mother,four brothers and sisters are legal heirs of his properties {self earned properties} under The Hindu Succession Act, 1956. after the partition she can sell or write a will regarding the inherited properties.
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Adv. Deva AS Gibsons
Chennai | 50+ Answers
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