Mother’s Legal Right in Son’s Property : Mother has the highest status in our Indian society. She dedicates her whole life to the upbringing of her children. But when it comes to property, it has been seen many times that the mother is ignored. Especially after the son’s marriage, the question arises whether the mistress of the house is now the daughter-in-law or the mother?
Mother’s Legal Right in Son’s Property
Does the mother not have any right in the son’s property? In this article, we will explain the mother’s right on property in simple language from the perspective of law.
Hindu Succession Act, 1956 : What is the right of the mother?
According to the Hindu Succession Act, 1956, the mother is considered the legal heir in the son’s property. This means that if the son leaves this world without a will, then the mother also gets an equal share in his property.
This law applies not only to unmarried sons, but also to married sons. That is, the mother continues to have legal rights in the resources and property of the son even after his marriage.
Mother’s Legal Right in Unmarried Son’s Property
If a son is unmarried and dies, his property goes to his mother first. In this case, the mother is considered a Class I heir.
If the mother is not alive, the father gets the right to the property. And if both the parents are not alive, then siblings, nephews, nieces etc. are considered heirs.
Mother’s Legal Right in Married son’s property
If the son is married and has not made a will, then after his death his property is divided into three parts:
- Wife (daughter-in-law)
- Mother
- Children (if minors then through their legal guardian)
This means that the mother will also get an equal share as the daughter-in-law and children. No one can exclude the mother from the property, as it is her legal right.
What if the son has left after making a will?
If the son has made a will for his property and has not given any share to his mother, even then the mother can take the legal route and demand her rights. She can challenge the will.
The court will investigate whether the mother has been deliberately kept out of the will or any pressure was applied. If the court feels that there has been bias in the will, then it can also cancel the will and give the mother her fair share.
Why do mothers often remain silent?
In our society, many times mothers hesitate to demand their rights. They feel that if they talk about the property, their son and daughter-in-law may get angry. Some mothers also fear that their relationship with their grandchildren will be spoiled.
Many times elderly women think that at this age it is better to remain silent than to go to the court. But if the mother is aware and takes legal advice, then she can definitely get her rights.
Society’s Thinking Needs to Change
When the son grows up and gets married, many times his priorities change. He becomes close to his wife and the mother gradually goes into the background.
This thinking in society should change that after marriage, the life of the son revolves only around the daughter-in-law. The mother has also devoted her life to the upbringing of the son, so the mother has a right on the property along with the emotional one.
Mother Needs to Be Aware – Legal Knowledge
In today’s time, property disputes are becoming common. Therefore, it is important that mothers know their rights and take legal steps in time.
Mothers should be informed about their legal rights through means like government, panchayats, schools, women’s organizations and social media. If the mother raises her voice, then the society will also start changing.
If the Mother Has the Right, She Must Get It
The mother has a legal right on the son’s property, whether the son is single or married. If the son dies without a will, then the mother’s share is equal. Emotions have their place, but when it comes to property and future security, the mother must get her legal rights.
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