Legal Question in Intellectual Property in India
Does a widowed mother get a share /wright to her deceased sons property who also was a dependant on him .
if there is no will in favour of his wife as he has no kids kindly advise what should be done in this case .
Do need a clarification whether the laws are different if you are a Roman Catholic from the state of Maharashtra
1 Answer from Attorneys
Under Hindu Soccession act , widow and mother of the intestate both are referred in class I of the schedule. If a person dies intestate then the widow shall take one share, surviving sons and daughters and mother shall each take one share.
Roman catholics on the other hand will be subject to Indian Succession Act wherein 1/3 of the property will go to the widow and 2/3 to the lineal descendents i.e sons, son's sons, daughter , daughter's sons etc.in equal proportion. If there are no lineal descendents , widow will get 1/2 share and remaining half to those who are kindred to the deceased ( kindred means relations by blood)
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