Who will have the right in mother’s property? Daughter -in -law, son, daughter or husband – know the full law! Mother Inheritance Law – StudyToper

In today’s time, there are frequent disputes among families over the division of property and rights over it, especially when it is about mother’s property. Many times the question arises that after the death of the mother, whose legal right is formed in her property – son, daughter, daughter -in -law or father? Clear rules have been made in this regard in Indian law, especially the Hindu Succession Act, 1956. In this article, we will know in detail in Hindi, who is the right in the mother’s property, who are successors, and under which circumstances the daughter-in-law, son, father or daughter can get the rights.

There are many misconceptions in the society regarding the right to property. Many people believe that only the son can become the heir of the mother’s property, while some people think that daughter or daughter -in -law should also get equal rights. According to the law, the property of the mother, whether it is self-cuped or ancestral, is determined in different ways. In this article, we will tell you that if the mother dies without a will, then how is her property divided, and if there is a will, then how much rights do they get.

Mother’s property rights in India: Overview Table

Who has legal rights in mother’s property?

According to Indian law, if the mother dies and has not made any will, their property is divided according to the Hindu Succession Act, 1956. Under this law, Class I hears are the main successors of the mother’s property:

• Son (son)
• Daughter
• Husband (husband)

All these get equal share. If there is no one of them, other relatives may get property.

Important point:

• If the mother has made a will for her property, the property will be divided accordingly.
• If there is no will, then there will be divide in the above mentioned manner.
• Daughter-in-LAW directly has no right in the mother’s property, until the mother has written her name in the will.

Right to son (son) in mother’s property

• The son is a legal heir to the mother’s property.
• If the son is alive at the time of the mother’s death, he will get equal part of the daughter.
• If the son has already passed away from the mother, then her children (grandchildren) would be entitled to the part that her father would get.

Daughter right in mother’s property

• The daughter also has equal rights in the mother’s property, whether she is married or unmarried.
• After amending the law after 2005, the daughter has also been given equal rights in ancestral property.
• The daughter’s marriage has nothing to do with the right to property.

Right to Father/Husband in mother’s property

• If the mother’s husband (ie father of children) is alive, then he is also entitled to the property equally.
• The mother’s property is divided equally among husband, son and daughters.

Daughter-in-law right

• The daughter -in -law has no right in the property of her mother -in -law (mother) directly.
• If the daughter -in -law’s husband (mother’s son) is alive, she will get a share. If the husband has died, the daughter -in -law will get the right to the husband’s share, but this part will be shared with her children.
• If the daughter -in -law does not have both husband and child, then the daughter -in -law will not get the right in the mother -in -law’s property unless she is named in the will.

Importance of will

• The mother has full authority over her property. If she wants, she can give her property to anyone through a will – son, daughter, daughter -in -law, or someone else.
• If a will, the property will be divided accordingly.
• If there is no will, the property will be divided according to the law.

The method of distribution of mother’s property (Distribution Process)

• It is first seen whether the mother has created a will or not.
• If a will, the property will be distributed according to the will.
• If not a will, the Hindu Succession Act, 1956 will be distributed equally in Class I heirs.
• If a heir has already passed, its share will be given to its children.

Important questions and answers related to property rights

Q1: Can only the son become a heir in the mother’s property?
No, the daughter also has equal rights to the son.

Q2: Does daughter -in -law get a share in mother -in -law’s property?
No, the daughter -in -law does not have a direct right. She will get a share only when her husband (mother’s son) and her children.

Q3: What will happen if the mother has made a will?
If a will, the property will be divided accordingly.

Q4: Who has the right in the mother’s ancestral property?
They have the right in the mother’s ancestral property only when their father has given him a share or legitimately. After the mother’s death, her property will be divided into her legal heirs.

Key points related to property rights

• Both son and daughter have equal rights over the mother’s property.
• The husband (if alive) also gets an equal share.
• The daughter -in -law does not have a direct right, but can be found through the husband’s share.
• If the mother wants, she can give her property to anyone by making a will.
• If there is no will, the property will be divided according to the law.
• Both son and daughter have equal rights in ancestral property.
• If a heir has already passed, his children will get its share.

Example of property sharing (Example Table)

How to resolve disputes in property sharing?

• Divide the family with mutual understanding.
• If there is a dispute, a case can be filed in the court.
• The possibility of dispute decreases due to will.
• Keep all legal documents and evidence ready.

Necessary law related to property rights

• Hindu succession act, 1956
• Hindu Succession (Amendment) Act, 2005
• Indian Succession Act (for other religions)

conclusion

The divide of the mother’s property and the authority over it is completely according to the law. Son, daughter and husband all get equal rights. The daughter -in -law does not have direct rights, but she can get property through her husband’s share. If the mother has created a will, the property will divide according to that. If a heir has already passed, his children will get its share. Creating a will to avoid dispute in property sharing is the best way.

Disclaimer:

This article is only for information. The information given here is based on the general rules of the law. The situation of each case may be different, so take the advice of an expert or lawyer for any legal decision. The scheme or law mentioned here is completely real and valid by the Government of India, but it can be changed from time to time. Take legal advice before taking any decision.