Shweta (Lawyer) 12 June 2009

Died Intestate

Hi All

My client's father has died intestate leaving behind his widow, 2 sons &1 daughter. The widow lives with the elder son, no contribution till date has come from the younger son n daughter to look after their parents even when the father was alive. The father has left few properties in the village n to flats in bombay under pagdi system. Under pagdi system 1 flat is under fathers name n another falt is in the widows name. Both the flats arre empty and locked since the widow stays with the elder son. Now the younger son is forcefully trying to take possesion of the propertys in Mumbai that is in the name of his father. What respite can the elder brother have. in this case as the father has been taken care by the elder son n now alaso his widoew is with him.KindlyAdvice..

Thanks

Adv. shweta pRabhu

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2 Replies

Ravichandran (legal profession) 12 June 2009

According to Hindu Succession act a property under dying estate the rights devolved among legal heirs of deceased therfore the elder son can prevent youngerson to the extent of share holds on the property but the property stands in the name of wife can be come under sridana property , the said property can prevent by elder son since property stands in the name of widow ,widow can execute settlement deed and prevent encrochment by younger son