Legal Heirship in India: Why a Mother May Not Inherit Her Son’s Property!

Under the Indian Succession Act, 1925, the mother of a man who dies intestate (without leaving a will) is not his legal heir. The legal heirs of a man who dies intestate are his lineal descendants (children, grandchildren, etc.), parents, siblings, and their lineal descendants (nephews, nieces, etc.). In the absence of any of these heirs, the property of the deceased person will escheat to the state.

The reason why the mother is not considered a legal heir under the Indian Succession Act is because the Act is based on the principle of male primogeniture, which means that the eldest son has the first right to inherit the property of his father. This principle was abolished in the Hindu Succession Act, 1956, for Hindus, but it still applies to Muslims, Christians, and Parsis.

If a man dies intestate and does not have any lineal descendants or parents, then his siblings and their lineal descendants will inherit his property. If there are no siblings or their lineal descendants, then the property will pass to the grandparents and their lineal descendants. If there are no grandparents or their lineal descendants, then the property will escheat to the state.

The Indian Succession Act is a complex law, and it is important to consult with a lawyer to understand your rights and obligations under the Act.

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