POSTED BY August 30, 2012 10:45 am COMMENTS (3)ON
My friend passed away recently without leaving a Will. he is married and has 2 daughters and 1 sone. His mother is no more and his father got remarried.
(i) Now I would like to understand what kind of right his father owns on his son’s property. the son owns a flat and few other movable property which are self earned and he does not possess any ansyster’s property. I understand that father comes under class II legal heir category. however as he does not have any other children and if in case he proves that he does not have any other solid source of income, will he get a share? if not a share, is the deceased person’s wife suppose to provide any monthly maintenance to him. does the Law say so?
(ii) In future, if his father dies, will the deceased person step mother claim any rights over her step son’s property. kindly explain
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3 replies on this article “Query on father's right over son's property”
Father has no right on the son’s properties if the spouse and children are there (any class 1 legal heir) , If spouse and children were not there, then father can claim son’s properties
as i understand , for any person’s first line heirs are the spouse, child/ren and mother in equal proportion as per hindu succession act, and if any or all are there, there would not be any right of father over son’s property, in case of son’s death without making any ‘will’. till son is alive, i don’t think , there is any right of father on son’s property. may court order for providing living expenses for father by son, but it is another matter.
The matter is same but what the law says according to Muslim law