Claim over rent

Querist : Anonymous (Querist) 01 May 2018 This query is : Resolved
My brother passed away without a will. He's survived by his wife and only son. Now who can claim the rent from the self acquired property of my brother?

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Kishor Mehta (Expert) 01 May 2018
Wife and son have equal rights in the estate and income of the deceased person.

Querist : Anonymous (Querist) 01 May 2018
What if wife isn't willing to part with rental income to major son who's unemployed

Azhagananth (Expert) 01 May 2018
Wife and Son as they are the Class 1 Legal heirs.

Advocate Bhartesh goyal (Expert) 01 May 2018
Rent can be claimed by wife or son or both jointly.

Ms.Usha Kapoor (Expert) 01 May 2018
Wife and son can claim rent Jointly as they are class1 legal heirs.

Asgher Mahdi (Expert) 01 May 2018
Both wife & son of the deceased person can claim equally the rent.

Querist : Anonymous (Querist) 01 May 2018
What action can the son initiate under law if she refuses to pay his share to him?

Anil Satyagraha (Expert) 01 May 2018
Fact No. 1. Brother died intestate (without will).and has "self acquired" property which has rental income.
Fact No. 2. Two Legal Heirs - Wife + Son
Question - Who can claim Rent.
Quick Answer - Both Wife and Son.

Suggested Next Steps - Since there appears to be a question / dispute regarding Division of Rental Income, perhaps it is time to seek the help of a Legal Counsel (Attorney, Lawyer, Advocate) and help draft a Partition Deed (mutually agreeable and equitable), and get the same registered as such.
The terms of the Partition Deed could include the appropriate division of Rental Income.
As always, it is best to reach out to a Lawyer for fleshing out the details.

Guest (Expert) 01 May 2018
Totally vague query! Both the question and answers of experts are in the air without discussion of any real problem.
You have not mentioned, what is the dispute between the wife of the deceased and the son and who wants to claim rent of the property?

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Querist : Anonymous (Querist) 02 May 2018
Thanks all legal experts who helped with suggestions

Ms.Usha Kapoor (Expert) 17 June 2018
I stick to my above view.

Azhagananth (Expert) 17 June 2018
M/s Guest(Expert), thats the difference between a Lawman and Layman, also Court bird

Querist : Anonymous (Querist) 21 June 2018
Mr Jigyasu how does that matter?!! . Was asking about law not an opinion on difference of opinion

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