Is there any legal case reference where , a man's mother does get any share from his property?he has 2 girls.

Question

my uncle was expired on april 9th 2007 . he has 2 daughters . he din't write a WILL . when we consult the Lawyer , he said , there is a share for his mother too who is alive . She got 2 more sons who are earning quite a good amount. But as per Law she still gets a share of my uncle's property.
My question is, whether there is any case reference , where there is no need to give any share to his mother , as she got 2 more sons who are earning quite a lot and can support her very well . My uncle's has also expired . his 2 daughters are still studying . I want the reference from Indian penal code.Plllllllllzzzzzzz

Answer 1

Your name suggests you are Hindu by religion & hence your uncle was a Hindu too. Let’s see what the Hindu succession Act, 1956 say about your question. It is very clear from section 10 Distribution of property among heirs in class 1 of the Schedule that according to rule 2 the surviving sons and daughter and the mother of the intestate shall each take one share. What it all means that your uncle who died intestate i.e. without making any will, his property will devolve equally amongst his sons, daughters & mother equally,i.e each gets one share of this property, hope this uncle has no surviving wife otherwise she too gets a share of such property. Now if his mother doesn't want to take her share in such property she can refuse this share & then her share will be equally divided between his surviving daughters as you state in your facts here. Now you cannot avoid his mother to get her share out of his property, it’s only her sweet will to forgo her share which legally she is entitled to get. Section 14 clearly provides Property of a female Hindu to be her absolute Property. - (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
"Property" includes both movable and immovable property acquired by a female Hindu by inheritance. Here her share in such property is under her full ownership & no court can deny this to her. This is upto her how she dispose her share & not for any court to direct her to do so on its order. This is the reply for your question regarding any case reference, where there is no need to give any share to her is concerned even if she has got two earning sons. You can only request her to give her share to these two daughters of your uncle nothing more you can do in such case.

Answer 2

According to Indian law, mother is entitled to the equal share in the property, whether her sons are working or not, unless she mutually agrees not to have her share

Answer 3

are you muslim? in the USA his estate would go to his children exclusivly, but Muslim law say part goes to his mother.

Answer 4

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