• Inheretence

A male dies intestate. His surviving mother , wife and children become legal heirs. If that mother dies intestate does her share on the prop go to the other sons of the mother who is surviving her
Asked 7 years ago in Property Law
Religion: Hindu

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6 Answers

On demise of mother her share will devolve on her sons and daughters

2) further legal heirs of predeceased son or daughters will also inherit equal share in her property

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

Apply for letters of administration in name of legal heirs

2) mother can execute consent affidavit relinquishing her share in property

3) if mother declines to do so obtain letters of administration in name of mother , widow , children

4) then apply for mutation of property in the name of legal heirs

Ajay Sethi
Advocate, Mumbai
97268 Answers
7856 Consultations

after death of the mother, property automatically devolved to her legal heirs. relinquishment deed is not required. you are the legal heir and you are legally entitled to mutate all property in your name.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1. yes on the deatrh of the mother her share would devolve on her other son.

2. The registration of name or not has no relevance in the law of succession and the property would devolve as epr law irrespective of mutation or not.

Devajyoti Barman
Advocate, Kolkata
23288 Answers
519 Consultations

A male dies intestate. His surviving mother , wife and children become legal heirs. If that mother dies intestate does her share on the prop go to the other sons of the mother who is surviving her

The share of the deceased mother shall again devolve on her own legal heirs consisting her children and children of pre-deceased children too, thus the original legal heirs of her deceased son also shall be entitled or a share out of her share in that property.

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

The inherited property is yet to be registered in the name of the legal heirs nor the mother has given any relinquishment deed

The mother cannot be forced to execute a relinquishment deed forfeiting her rights in the proerty, it is her own will and wish whether to relinquish her rights or to inherit the same.

T Kalaiselvan
Advocate, Vellore
87470 Answers
2348 Consultations

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