Greetings to all the Experts!
I want to help a friend who has the following problems but I seek the legal guidance first to proceed:
I have a friend whose husband passed away last year in the month of October due to Covid-19. He bought 2 Flats in Noida by the means of Loans.
After his death my friend has 1 of his Flats under her name but the other flat has been overtaken by her Mother-in-law.
Her father-in-law passed away a long time back but my friend's husband never held any part of the property of his Father simply because his mother excluded him from the share (without any will and with her own consent). She is currently having 2 sons and a daughter apart from her deceased son, and wishes to distribute the property among them including the property of her deceased son.
I would like to know from my friends part that how can she take the possession of her husband's property as her mother-in-law doesn't want to share the ancestral property, my friend does not want to share her deceased husband's property with his family who had never been good to them even when her husband was alive.
What are the legal provisions for claiming the deceased husband's flat that had been forcefully occupied by his mother and her rest of the children???
Thanks in Advance
If the son has died intestate, his mother has equal share in his legal properties. In the case of your friend the legal properties of her deceased husband will be shared equally between her mother-in-law, her three children and herself. i.e. 1/5th share each.
