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Q.

What are the son's rights on the mother's property?

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A son's rights on his mother's property in India depend on whether she passed away with or without a will:

  • With a Will: The property is distributed according to the mother's will.

  • Without a Will (Intestate): Under the Hindu Succession Act, if the mother dies intestate (without a will), her property is divided equally among her legal heirs, including the son, daughter, and husband (if alive).

Hope this helps!

Assist Yourself in Drafting Will Deed by Experienced Property Advocates at NoBroker 
0 2023-07-26T10:08:49+00:00

A mother’s property is always considered as self-acquired property and a son has no legal right in the self-acquired property of his parents, unless he has proof of contribution towards the acquisition of the property. He may be allowed to use the property on permission from his parents, but they are not obligated to allow him to live there. However, according to Indian succession laws, a son has a title to his father’s and grandfather’s property by birth. In his grandfather’s ancestral property, the son enjoys the same rights as his father. Furthermore, if the father owns a self-acquired or separate property and dies intestate, the son who is a Class I heir will have the same succession rights as his live mother, sister, grandmother, and brother.

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