Legal Question in Real Estate Law in India

Hidu Succession Act

1.I have noticed a grave error in Schedule defining class I heirs by which a mother in law can torture her daughter in law for property. I know of a case in which a relative died leaving behind the following survivors (a) Wife: Unemployed housewife aged 27 years(b) Mother: Unemployed housewife aged 65 years� Twins: son and daughter aged 4 years at the time of death(d) Father: a retired government employee drawing a pension. Also has ancestral land and property in the village and a nearby town.(e) Two brothers: One married and one unmarried.(f) Three sisters: all married

2. Mother of the deceased on death of her son filed a petition for � of the share of property making her and twins (minors) of the deceased son the petitioners against widow of her son. She is entitled to � share as per Hindu Succession Act. This is despite her husband being alive and having pension and property.

3. Her intention is to get her declared as successor and then bequeath the same to her surviving two sons and married daughters


Asked on 5/02/06, 1:18 pm

1 Answer from Attorneys
RAJIV NANDA RAJIV NANDA ADVOCATES

Re: Hidu Succession Act

Mother of the deceased falls in the category of class I heirs , irrespective of the fact whether she is earning or her husban has pension or not. How ever it is quite surprising as to how she has sued on behalf of the monor twins also. Mother of the twins,i.e. widow of the deceased, is the natural guardian of the the twin minors and if at all, it is the right of widow of the deceased to sue on behalf of the herself or/ and for minor children. Also that brothers and sisters of the deceased are not in the category of class -I heirs of the deceased Hindu. For any further quries you may send the case papers to me at my following address. RAJIV NANDA Advocate, Supreme Court of India. H-127, Shivaji park, Punjabi Bagh, New Delhi -110026. email : [email protected].

mobile : 9810048686.

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Answered on 5/02/06, 10:45 pm


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