the son of mother has died.he have two son and one daughter.plz tell me.......the mother have any right in own son’s property.also tell rights of his children.
From India, Kochi
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1From India, Kochi
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Well, one has to see whether this property is the ancestors' property earned by the son himself. Ancestors' property is the successor's property, and a succession certificate can be produced to claim a share in such ancestors' property. But if it's purely the earnings of the son, then his successor holds the right to this property as a major share. If the mother is dependent and has no one to take care of her, solely dependent on her son who has passed away, then she can claim her share provided she discloses that she has no source of income and ancestors' property to share with the successors of her son. It means the mother, if she holds some part of the ancestors' property and has a source for her survival, cannot claim her son's property because she was not dependent on her son.
Partho
From Saudi Arabia
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Partho
From Saudi Arabia
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Clarification on Property Rights
Please be clear and transparent. Why are you saying the son of the mother has died? Was the mother the natural or adoptive mother of the son? Does the son have three siblings (two sons and a daughter)? If the mother is alive, the son is deceased, and the son has three siblings (two sons and a daughter), the mother of the son is the grandmother of the living siblings. If this is correct, the property will be distributed among the three siblings if they are all of legal age. If any of them are minors, the responsibility of safeguarding and managing the property falls on the grandmother, provided she accepts this responsibility. If she does not accept, legal issues may arise, and the property would then pass to the siblings. The mother (grandmother) may become the natural guardian, especially if the daughter-in-law is no longer alive. What happened to the grandfather? Please clarify your concerns.
Best of luck.
From India, Arcot
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Please be clear and transparent. Why are you saying the son of the mother has died? Was the mother the natural or adoptive mother of the son? Does the son have three siblings (two sons and a daughter)? If the mother is alive, the son is deceased, and the son has three siblings (two sons and a daughter), the mother of the son is the grandmother of the living siblings. If this is correct, the property will be distributed among the three siblings if they are all of legal age. If any of them are minors, the responsibility of safeguarding and managing the property falls on the grandmother, provided she accepts this responsibility. If she does not accept, legal issues may arise, and the property would then pass to the siblings. The mother (grandmother) may become the natural guardian, especially if the daughter-in-law is no longer alive. What happened to the grandfather? Please clarify your concerns.
Best of luck.
From India, Arcot
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Succession Planning in Family Business.pdf