By IANS
New Delhi : Fathers should also be allowed a share in the property of their dead children, as mothers are, the Law Commission proposed Wednesday.
In a recommendation in its 204th report submitted to Law Minister H.R. Bhardwaj, the commission proposed that the laws be amended to ensure a share to the fathers in the property of children who died without writing their wills.
As per the provisions of 50-year-old Hindu Succession Act, only mothers are entitled to a share in the property of their dead children.
Commission Chairman Justice A.R. Lakshamanan suggested including fathers in the priority list, or Class I heirs of beneficiaries, along with the widow, son, daughter and mother.
The report said in the case where the father and mother are alive, then both should together take one share in the property.
The suggested changes follow on the heels of enactment of a law that makes it obligatory for children to take care of their aged parents.
“The idea behind elevation of father to Class I heir was to try and safeguard the interest of the elderly – quite like the Senior Citizen Welfare Protection and Maintenance Act,” said Justice Lakshamanan in his report.