Mother wants to transfer her late husband's property to son only

832 votes

The property of a Hindu male dying intestate is distributed among his heirs in accordance with section 8 and 9 of The Hindu Succession Act, 1956. As per these the property of a Hindu dying intestate devolves upon his heirs of Class I who take the property to the exclusion of all other heirs. But what if there are more than one Class I heirs among whom the property of the deceased devolves? What rules are to be followed in such devolution. Section 10 of the Act lays down the rules to be followed in such cases. Section 10 provides as under: Distribution of property among heirs in class I of the Schedule: The property of an intestate shall be divided among the heirs in class I of the Schedule in accordance with the following rules:- Rule 1.-The intestate’s widow, or if there are more widows than one, all the widows together, shall take one share. Rule 2.-The surviving sons and daughters and the mother of the intestate shall each take one share. Rule 3.-The heirs in the branch of each pre-deceased son or each pre-deceased daughter of the intestate shall take between them one share. Rule 4.-The distribution of the share referred to in Rule 3- (i) among the heirs in the branch of the pre-decease son shall be so made that his widow (or widows together), and the surviving sons and daughters get equal portions ; and the branch of his pre-deceased sons gets the same portion; (ii) among the heirs in the branch of the pre-deceased daughter shall be so made that the surviving sons and daughters get equal portions.

Advocate Sameer Sharma LawRato

880 votes

Hello, property registration is must, incase if there is any WILL then only it can be transferred to sons after his/her death, or to transfer a property NOC will be required from daughter, so without her permission it's not possible.

Advocate Jayatee Chatterjee LawRato

566 votes

as per hindu succession (amendment) act 2015, daughters have equal share in the property as that of a son. i am assuming it to be the self acquired property of the deceased. if the father has died without a will all the legal heir would get their portion as per Hindu succession act. you mother cannot transfer the said property to the sons alone unless the daughter herself agrees to waive off her right.

Advocate Diksha Singh Dhakre LawRato