Property disputes still remain one of the most prominent civil disputes in the Indian judicial system. The share on the parental property and its division amongst the siblings is always a topic of debate. The Hindu Succession Act, 1956 throws some light on who has rights on mother's property after her death. Here is everything you need to know about the rights of the heirs on mother's property after her demise and the transfer of such property in absence of the will.
Section 15 of The Hindu Succession Act, 1956
After the much needed and welcomed amendment in the Hindu Succession Act, the sons and daughters now have an equal right on mother's property. Section 15 of the Hindu Succession Act, 1956 lays down the guideline of how a mother's property is distributed. Who all are entitled to the share and in which order are they entitled?
These rules are applicable to Hindus, Jains, and Christians etc. except for Muslims. In Muslims, the daughters inherit one half of the son's share and not an equal share.
Who all are entitled to the mother's property?
As laid down by Section 15 of the Hindu Succession Act, 1956 following relatives in the exact same order are entitled to a share in mother's property after her death.
- Sons, Daughters, and Husbands are the first ones to have an equal claim on the property. This also includes the children of any pre-deceased son or daughter.
- The second claim remains with the heirs of the husband.
- The third claim on the property is of the parents of the deceased woman.
- The fourth claim stays with the heirs of the father of the deceased woman.
- The last claim stays with the heirs of the mother of the deceased woman.Â
It is interesting to note that if the mother does not have integral rights on the ancestral property unless specified, the son or anyone else related to that woman will not have the rights on that property. This clears that the property inherited by a woman from her father is split amongst the heirs of her father and the property inherited from the in-laws, the claim stays with the husband's heirs.
Process of Distribution
The easiest way to transfer the property after one's demise is with the help of a will they leave behind. In case, there is no valid will, mother's property is distributed as per the guideline laid down under Section 16 of the Hindu Succession Act, 1956. The section states that upon the death of a female Hindu, her property is distributed equally amongst her husband and her children. The section also states that if any of the children are deceased and have children, they will get the share of their parent only.
The heirs need to submit the death certificate and apply for the legal heir certification from the Tehsildar. Once the authorities confirm and approve the legal heir certificate the same is to be submitted to get the mutation entry in the property done in the heirs names.
The process may take different time depending upon the system various states follow, however, the process remains largely standard.
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