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Consulting Case Studies

Sue Said:

Is there any legal case reference where , a man's mother does get any share from his property?he has 2 girls.

We Answered:

Your name suggests you are Hindu by religion & hence your uncle was a Hindu too. Let’s see what the Hindu succession Act, 1956 say about your question. It is very clear from section 10 Distribution of property among heirs in class 1 of the Schedule that according to rule 2 the surviving sons and daughter and the mother of the intestate shall each take one share. What it all means that your uncle who died intestate i.e. without making any will, his property will devolve equally amongst his sons, daughters & mother equally,i.e each gets one share of this property, hope this uncle has no surviving wife otherwise she too gets a share of such property. Now if his mother doesn't want to take her share in such property she can refuse this share & then her share will be equally divided between his surviving daughters as you state in your facts here. Now you cannot avoid his mother to get her share out of his property, it’s only her sweet will to forgo her share which legally she is entitled to get. Section 14 clearly provides Property of a female Hindu to be her absolute Property. - (1) Any property possessed by a female Hindu, whether acquired before or after the commencement of this Act, shall be held by her as full owner thereof and not as a limited owner.
"Property" includes both movable and immovable property acquired by a female Hindu by inheritance. Here her share in such property is under her full ownership & no court can deny this to her. This is upto her how she dispose her share & not for any court to direct her to do so on its order. This is the reply for your question regarding any case reference, where there is no need to give any share to her is concerned even if she has got two earning sons. You can only request her to give her share to these two daughters of your uncle nothing more you can do in such case.

Lance Said:

Does this client have a case?

We Answered:

It seems to me that he has no case. Even though the cheque was handed in 1/2 an hour before the meeting, by failing to attend he could not know what conditions would be set for his continuance there. the money was only one issue. The issue of a cheque in itself is not payment. It is only payment when the receiving bank has accepted and paid it. Not only that but he only paid when the threat of expulsion was virtually confirmed. Also his attitude broke the student code of conduct so whether he offered to pay or not is irrelevant.

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