Question

A is the mother of B. She becomes a widow and re- marries. B dies. Can A succeed to him as mother? (both are Hindus)

• A. No
• B. Yes
• C. Depends on their School
• D. Only when B has no sons

Hint:

Under the Hindu Succession Act, 1956, kinship relations based on blood (like mother, son, father, daughter) are not severed by subsequent events like remarriage. The right to inherit flows from the relationship itself.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks whether a Hindu mother loses her right to inherit property from her son if she remarries. This is governed by the Hindu Succession Act, 1956.
Step 2: Detailed Explanation:
The Hindu Succession Act, 1956, lays down the rules of succession for Hindus. Section 8 of the Act specifies the general rules of succession for a Hindu male dying intestate (without a will). The property devolves first upon the heirs specified in Class I of the Schedule.
The 'mother' of the deceased is listed as a Class I heir. The relationship of mother and son is one of blood and does not cease to exist due to the mother's remarriage. The Act does not prescribe unchastity or remarriage as a disqualification for a mother to inherit from her son.
The disqualification on the ground of remarriage was applicable to certain female heirs under the old Hindu law and specifically under the Hindu Widow's Remarriage Act, 1856, but the Hindu Succession Act, 1956, has overridden these previous laws.
Step 3: Final Answer:
A mother is a Class I heir and her right to inherit from her son is absolute. This right is not lost upon her remarriage. Therefore, A can succeed to B's property. Option (B) is correct.