Who is legal heir for mother's property?

Chandan

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Narayandas

0 January 6, 2022

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In an unfortunate event of the passing away of a mother, the legal heirship of her property can be a difficult question to answer. But what does the law say about it? Who is legal heir for mother’s property, you ask? I think I can help you out. I have studied this subject and have a fair idea.

Who is the legal heir of mother's property in India?

There are basically two cases to analyze this bit. If your mother has created a will for her property then the property will be distributed accordingly. But what if she has not? You’ll have to follow what the law says.

If a will is created

If your mother left a will behind, then the distribution of her property will be based on what she has specified in it. The execution will take place after creating a list of assets and liabilities, gathering all the beneficiaries and finalizing the transfer process after filling the appropriate forms.

If a will is not created

Generally, Section 15 (1) of Hindu Succession Law states that the property shall go to the following in the order of preference:

sons and daughters, including children of any pre-deceased son or daughter, and the husband
Heirs of the husband
Mother and father
Heirs of father
Heirs of mother

If the woman had inherited property from her father then the property shall go to the father’s heirs in the absence of kids according to Section 15(2)(a).

If the woman had acquired property from husband or father in law, then the property will go to the husband's heir in the absence of kids as per Section 15(2)(b).

If the property is self-acquired, the husband is predeceased and there are no kids, it will go to the husband’s heirs.