- 15-Jan-2025
- Family Law Guides
The mother's share in inheritance is determined by personal laws applicable to different communities in India, such as Hindu, Muslim, and Christian laws. Under Hindu law, the mother's share in the ancestral property is as follows:
The mother is considered a Class I heir and has a right to inherit an equal share alongside other heirs, such as the father, son, and daughter. For instance, if the property is divided among the children and the surviving spouse, the mother will receive a share equal to that of the children.
If the property is self-acquired by the father, the mother does not have an automatic right to inherit it. However, the father can will his property to the mother, giving her the right to inherit according to his wishes.
It's important to note that the laws can vary significantly based on the community and applicable statutes, so legal advice may be necessary for specific cases.
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