Property law

What do you mean by saying:  "If mother wants to go for promoting".  Please clarify.

 

1.  ALL the residual legal heirs are the deemed-owners of ALL the property of the deceased and no single individual can claim any sole right over the deceased's property.

Keep Smiling .... Hemant Agarwal

It is believed that you are all Hindu.

Or which personal law applies in your case?

Has father been owner or tenant of said properties?

The said properties are self acquired or ancestral in the hands of deceased father?

Has death certificate, legal heir certificate been obtained and submitted for mutations and mutations record been updated in O/o Authority under whose jurisdiction property falls e.g; MC?

Has legal heirs of father signed any valid/registered deed e.g; Gift/relinquishment etc in favor of mother?

You are referring to which mother in query; mother of father or wife of father?

Confirm!

The authority under whose jurisdiction property falls say;MC, has a set procedure for such matters if NO WILL has surfaced; ‘Intestate Succession’…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

Check locally and comply with procedure.

The mother as in query (wife of deceased father) cannot be sole owner by inheritance if;

There are other legal heirs say; ClassI legal heirs of Hindu male; Mother(if alive as on date of death), sons, daughters…………and Wife being alive as on date of death as per your query.

The mother; mother of father or wife of father can dispose her share only if;

She is the sole legal heir and owner by inheritance

Or if other  legal heirs have disposed their share in favor of mother by a valid/registered deed

Otherwise she cannot!