Is mother entitled to get share in property of son who died without will?

[Anonymous]

Recently my friend died. His mother was completely dependent on him and she had no income sources of her own. My friend had a wife and two sons and a daughter. He had some properties, including bank deposits. Now, after the death of my friend, his wife is not treating friend’s mother in a proper manner. I have learnt that friend’s wife is trying to get all properties converted to her name, since the children are young and minor. In these circumstances, is there any chance of my friend’s mother getting a share in the properties so that she can take care of herself in her old age? Let me point out that I know for sure that my friend did not leave any will behind. Actually, he died at the young age of about 45 years.

[Dr. Ashok Dhamija]

Yes. Under the provisions of the Hindu Succession Act, 1956, when a son dies intestate (i.e., without leaving a will behind), his mother is entitled to get a share in his property.

In the facts of the case mentioned by you, the mother, the wife, 2 sons and 1 daughter of your friend (who died) will all have equal shares in the property of the deceased. So, this means that there will be 5 equal shares and his mother will have 1 out of the 5 shares, i.e., 20% share in the property of the deceased.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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