Can sons be permanently excluded from maternal property in legal suits?
Two Sons of a Divorced mother who are living and custody with father are given petition to District Court for include their names (as a shareholder) in Civil Suit as well as in CMA suits for the property of Late maternal grandfather and great-grandfather (Both Expired) for undivided ancestral and self-acquired agricultural land and their divorced mother is alive. What is the provision in law to reject and debar them from this property? They applied before their mother applies for substitute her name into the suits. Is there any legal process for permanent exclusion of sons from maternal properties?
Under Hindu Succession Act, 1956, sons cannot claim rights in maternal grandfather's property during their mother's lifetime as they can only inherit through their mother who must first inherit the property herself (except in case of a specific Will/Gift naming them). Additionally, Section 6 of the Hindu Succession Act provides that Hindu Succession rights flow down generations, meaning sons cannot claim inheritance rights bypassing their living mother, and their mother can file an objection petition citing these provisions to exclude them from the property suits.
Sir, this is a complex matter and requires brief discussion so it is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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