Daily law MCQ Today
A man dies intestate leaving his widow, one son, one daughter and his mother. He leaves no…
Family Law II Hard
A man dies intestate leaving his widow, one son, one daughter and his mother. He leaves no will and no debts. Which of the following statements about the shares is correct?
Show answer and explanation
Answer: D. If he was a Parsi, his mother takes 1/7, because she counts as half a unit against one unit each for the widow, the son and the daughter.
Explanation
For a Parsi with children, the widow and each child take one unit and each living parent half a unit; here 3½ units make each unit 2/7, so the mother gets 1/7. Under the Christian rules the mother gets nothing because lineal descendants exclude her, and a Sunni widow takes 1/8, not 1/4, when there is a child. A Hindu man's mother is a Class I heir and takes 1/4 of his separate property along with the widow, son and daughter.
- Legal provision:
- Sections 31 to 56, Indian Succession Act, 1925