If the deceased is a Hindu married male, and dies without a will, his wife will inherit the property as per the Hindu Succession Act 1956.
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Children have a right on the property of their parents. The head of every family distributes property among children in their will, so that there is no property dispute in the family after their death. But do the parents also have a share in the son’s property? Or all his property goes to wife.
According to the law, there is also a description of the parents’ share in the property.
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According to a report by News18 Hindi, under the Hindu Succession Act, the wife, children and mother are the Class 1 heirs in a man’s property. If a person dies, his property is divided equally among the Class 1 heirs.
The Class heirs refer to the heirs who are entitled to inherit the property of a Hindu male who dies intestate (without leaving a valid will). The Act recognises two classes of heirs: Class I heirs and Class II heirs.
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The property is first inherited by the Class I heirs, and if there are no Class I heirs, then the property is inherited by the Class II heirs.
Let us know in detail what arrangements have been made under this law.
How can parents claim rights over their son’s property?
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If a deceased person is survived by his mother, wife and children, the property is divided equally between the mother, wife and sons. According to real estate company Magic Bricks, parents do not have full rights over their children’s property. However, in case of untimely death of children and absence of a will, parents can claim their rights over the property of their children.
Section 8 of the Hindu Succession Act defines the rights of the parents on the child’s property. Under this, the mother is the first heir to the child’s property, while the father is the second heir to the child’s property. Mothers are given preference in this matter. However, if there is no one in the list of the first heir, the father of the second heir can take possession of the property. The number of other heirs may be larger.
Different rules for married and unmarried
According to the Hindu Succession Act, gender plays a role in a parent’s right to a child’s property. If the deceased is male, his property shall be transferred to the heir, his mother and to the second heir, his father. If the mother is not alive then the property will be transferred to the father and his co-heirs.
If the deceased is a Hindu married male, and dies without a will, his wife will inherit the property as per the Act. In such a case, his wife would be considered as Class I heir. She will share the property equally with other legal heirs. If the deceased is a woman, then according to law the property will be transferred first to her children and husband, secondly to her husband’s heirs and lastly to her parents.
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Class I heirs include the following:
- Son, daughter, widow
- Mother, if there is no son, daughter, or widow
- Father, if there is no son, daughter, widow, or mother
- Widow of a predeceased son, if there is no son, daughter, widow, mother, or father
- Son or daughter of a predeceased son, if there is no son, daughter, widow, mother, father, or widow of a predeceased son
- Son or daughter of a predeceased daughter, if there is no son, daughter, widow, mother, father, widow of a predeceased son, or son of a predeceased son
Class II heirs include the following:
- Father’s mother
- Father’s widow
- Brother or sister
- Brother’s or sister’s son or daughter
- Mother’s mother
- Mother’s father
- Mother’s widow
- Brother’s or sister’s son or daughter
- Father’s brother or sister
- Father’s brother’s or sister’s son or daughter
- Mother’s brother or sister
- Mother’s brother’s or sister’s son or daughter
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It is important to note that the specific rights of individuals to their parents’ property may vary depending on the particular circumstances and applicable laws for different communities. It is recommended to consult a legal expert for more specific information.
