Karnataka High Court: Mother has No Inheritance Right if Son Dies Intestate Leaving Wife And Children

The Karnataka High Court held that when a son dies intestate leaving behind a wife and children, his mother has no right to inherit under Sections 32 and 33 of the Indian Succession Act, 1925.

The Court set aside a trial court order that had refused a succession certificate to the deceased’s wife and children on the ground that the mother was also a legal heir.

It held that if a widow and lineal descendants survive, the estate devolves upon them, and the mother is excluded.

The matter arose from a plea seeking transmission of shares held by the deceased.

[Mrs. Estrida Lucy Janet Vaz & Ors. v. Nil]