My husband died with out making a will. He owned just a few properties and had some investments as nicely. His mom is now contesting his property regardless that she has belongings of her personal. Is her declare legitimate?
—Name withheld on request
We assume that your husband was a Hindu and that there isn’t a proper or curiosity of some other particular person within the property and that these properties had been self-earned.
As per Hindu Succession Act, 1956 if a male dies intestate, i.e. with out making a will then “common guidelines of succession within the case of males” apply. It states “The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and (d) lastly, if there is no agnate, then upon the cognates of the deceased.”
The class I authorized heirs (whoever is surviving) consists of mom, partner, kids, widow of predeceased son, and many others.
In case there isn’t a will, a succession certificates or authorized inheritor certificates is acquired from the competent civil courtroom. This is a doc that provides the suitable to inherit the belongings to the authorized heirs of the deceased who died intestate.
While your husband’s mom may need her personal belongings, her declare to a share in your late husband’s property might be legitimate beneath the above relevant authorized provisions. Laws and interpretations can differ, so it’s essential to hunt recommendation from a professional authorized skilled to totally perceive your rights and obligations on this scenario.
Also, one may counsel sitting down with the household to debate and are available to a consensus generally is a sensible and fewer adversarial method. It may also assist to keep away from the bills and emotional toll that authorized proceedings can convey. However, it’s nonetheless advisable to contain authorized professionals, even throughout such discussions, to make sure that everybody’s rights are protected and that any settlement reached is legally legitimate and binding. Consulting with a authorized skilled can present readability on the very best plan of action primarily based in your particular circumstances.
Neha Pathak is head of belief and property planning, Motilal Oswal Private Wealth.
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Updated: 05 Sep 2023, 10:17 PM IST
