3 Answers
Dear Sir,
When a Hindu male dies without a Will (intestate), his property devolves equally upon Class I heirs.
Class I heirs include:
Widow (your maternal grandmother)
Son (your maternal uncle)
Daughter (your mother)
Daughter (your maternal aunt)
So, after your grandfather’s death in 2022, the property should have been divided equally into 4 shares:
| Heir | Share |
|---|---|
| Grandmother | 1/4 |
| Maternal Uncle | 1/4 |
| Your Mother | 1/4 |
| Maternal Aunt | 1/4 |
Mutation in grandmother’s name does not mean ownership automatically transferred entirely to her. Mutation is only for revenue purposes, not title.
After Your Mother’s Death (2026)
Your mother’s 1/4 share devolves upon her Class I heirs:
Husband
Son(s)
Daughter(s)
So you inherit your mother’s share, not your grandfather’s entire property.
If you are the only child, you inherit her full 1/4 share (subject to your father’s share if he is alive).
Therefore, you can legally claim your mother’s share in the property.
Dear client,
The Hindu Succession Act, 1956 prohibits automatic inheritance of a direct interest in your maternal grandfather's property when your mother is still living.
When your maternal grandfather passed away in 2022, his estate passed to his Class-I heirs: his wife, his son, and his daughters. Therefore, your grandmother, maternal uncle, and mother each received an equal interest in your grandfather's estate. Subsequently, if your mother dies in 2026, her portion of your grandfather's estate will pass to her heirs: you (and other siblings, if any) along with her husband.
IMPORTANT: Your grandfather's estate does not constitute "ancestral property" for you. Ancestral property only becomes a matter of legal right for you as a result of your mother's interest in that property. You cannot lay claim directly to an interest from either your maternal uncle's interest or your grandmother's interest.
Therefore, you may lay claim to your mother's interest in the real property, but you cannot lay claim to the entirety of your grandfather's estate. First, check for evidence, either by way of mutation documentation or other proof, that your mother's name was included in the mutation when your grandfather's estate was probated. If your mother's name was omitted, then you may need to seek a partition action in a civil court in order to claim her interest.
If you have any query please feel free to contact us
Yes u can claim your mother portion unless u have no siblings