property after father death in favour of mother or not
swets
(Querist) 11 July 2015
This query is : Resolved
Dear sir, my father has been expired .my old widdow mother apply in block for property.but work get stopped due to falls claim of my small sister that mother is not mentally fit she is mad and property will not of mother any how,it will divided between two sister.we are two sister only. I want to be property will of mother.because her long life remaining.what coart justice
swets
(Querist) 11 July 2015
Kindly urgent reply please..
Kumar Doab
(Expert) 11 July 2015
Which personal law applies in case of deceased e.g;Hindu?
Has the deceased father left any WILL?
Is it self acquired property of father?
Generically speaking; Spouse and all sons and daughters shall share it equally.
Thus younger sister has equal share and if she is unwilling to relinquish her share then you can't force her.
swets
(Querist) 11 July 2015
Sir my widdow mother is good not unfit.but property will no favour of her .if my sister falls claim.my father have not any did aggrement before death.property is not self aquired by father.two uncles get seperate.we are Hindu.
swets
(Querist) 11 July 2015
Please reply my question is property will in favour of mother. If my sister falls claim on my mother .what coart next step
swets
(Querist) 11 July 2015
Is property will of mother or not if small sister falls claim and send falls notice to coart to my mother.what coart justice to mother favour.
swets
(Querist) 11 July 2015
Kindly reply
prabhakar singh
(Expert) 11 July 2015
On the death of a Hindu dying intestate (leaving no will)all who inherit equally under Hindu succession law are his all children male or female and his widow together.
Any incapacity like unsoundness of mind
does not debar a person from inheritance.
Rajendra K Goyal
(Expert) 11 July 2015
The property would be divided equally among sons / daughters and widow of the deceased if he expired intestate.
Kumar Doab
(Expert) 11 July 2015
If ancestral property was partitioned by Legal Heir's/successors (your uncle and father) by a registered partition deed then status of the property has changed to self acquired......................and wife/children have equal share.
Laxmi Kant Joshi
(Expert) 12 July 2015
If the property is in the name of your father and he had died without making his will, as per law your mother, you and your younger sister are the legal heir of your father therefore his whole property will be divided in three equal parts and you all three will get 1/3 share each in his property .
