I have question related to family property division Person x had 5 acres intrest in ancestral property and he has a son , the son died at age 10 (year 1964) No more children Now should the 2.5 acres goes to mother as she is class 1 hier or should it devolve by survivership

Detailed Legal Analysis

In the scenario described, the 2.5 acres of ancestral property will devolve to the mother as she is a Class I heir under the Hindu Succession Act, 1956.

Here’s a detailed breakdown of the situation:

• Understanding Ancestral Property: Ancestral property is defined under Hindu law as property inherited up to four generations of male lineage. In this case, the 5 acres of property is classified as ancestral since it belonged to Person X.
• Class I Heirs under Hindu Succession Act: According to Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate (without a will) will be inherited by Class I heirs. The list of Class I heirs includes the mother, which makes her entitled to a share of the property.
• Share Distribution: In this case, since Person X had one son who passed away at the age of 10 and had no other children, the property will not devolve by survivorship. Instead, the mother will inherit the entire property as there are no surviving Class I heirs from the deceased son.
• Legal Provisions: The relevant sections of the Hindu Succession Act, 1956 that apply here include:
• Section 6: This section deals with the rights of coparceners and the concept of survivorship but does not apply in this case as the son died before inheriting any interest.
• Section 8: It provides for the devolution of property to Class I heirs, confirming the mother’s right to inherit.
• Conclusion: Given that the son died without leaving behind any children, the ancestral property will devolve solely to the mother as a Class I heir, who will inherit the 2.5 acres of property.

It is also advisable for the mother to obtain a legal heir certificate and possibly seek mutation of the property in her name to formalize her ownership.