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Son's Property: Wife or Parents' Claim? Everyone Must Know This Legal Rule!
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News18•05-10-2026, 11:56
Son's Property: Wife or Parents' Claim? Everyone Must Know This Legal Rule!
- •According to the Hindu Succession Act, a person's wife, children, and mother are 'Class-I' heirs.
- •If a person dies without a will, their property is divided equally among 'Class-I' heirs.
- •Mother, wife, and children have equal rights to a son's property; father's claim is 'Class-II'.
- •For an unmarried male, his property first goes to his mother, then to his father.
- •If a married man dies intestate, his wife shares equally with other legal heirs (children, mother).
Key Questions Answered
According to the Hindu Succession Act, a person's wife, children, and mother are classified as 'Class-I' heirs. If a person dies without making a valid will, their property is divided equally among all these primary legal heirs.
If a son dies prematurely without a will, his mother is considered the primary heir under Section 8, while the father comes second. The mother is given priority, and the father can only become an heir as a 'Class-II' heir if there are no Class-I heirs.
If an unmarried male passes away without executing a will, his property first goes to his mother. If his mother is no longer alive, ownership transfers to his father and other legal co-heirs.
