Son died intestate - Mother entitled for a share out of 1/3rd share of her deceased son i.e. 1/9th - On her death, her share has to be re-divided amongst her heirs i.e., her husband, daughter and son of pre-deceased son.

Citation

AIROnline 2023 KAR 1573

Karnataka High Court

H. P. SANDESH , J.

R.S.A. - 1090 of 2020 D/- 6 - 10 - 2023

T.N.Susheelamma v. Chirag Raghavendra

Hindu Law - Joint family property - Shares of family members in joint property - Extent - Deceased, Hindu male member of a joint family passed away leaving behind mother, wife and son as his Class-I heirs - Thus, all Class-I heirs were entitled to share - Even if husband of mother of deceased was alive, she became Class-I heir on death of her son - Therefore, findings that mother cannot be considered as co-parcener, necessary party to suit and she cannot claim any independent share in ancestral and joint family properties were erroneous - She was held entitled for a share out of 1/3rd share of her deceased son i.e. 1/9th - On her death during pendency of appeal as per S.15 of Act of 1956, her share has to be re-divided amongst her heirs i.e., her husband, daughter and son of pre-deceased son. Hindu Succession Act (30 of 1956), S.15 -

 (Paras 18 , 20 , 26 , 27)