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mahesh bhatia   09 August 2021

Mothers flat issue

Sir My Older brother carried construction for our building from the money which we had got by selling our fathers home , Now We all live in same building , My older brother is at 1 st floor , mother at 2nd and me at 3 rd , My brother had kept internal stair case connecting his flat and mothers without telling us about it , later when i asked he told that its done so that it will be easy to look after mother ,

My mother is getting good pension , and older brother is handling most of her money matters

after my mothers death without will , Does my Older brother will have possesion of mothers flat ? or it will be common property of all even if there is internal staircase , How we can claim rights on that , If my older brother manages to put his name on the property tax records then ?


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 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 August 2021

Your mother dies intestate, her direct family is automatically entitled to her assets/house.  assets will be inherited by the next available relative and distributed equally.

mahesh bhatia   23 August 2021

Thank you Rama sir,

For your valuable views...

As per the reply if , in case my Older brother makes mother to create will mentioning to give flat to him then ...

Can the other beneficiary challenge it including her married daughter ?

Also , sir the entire building is constructed by my older brother from the money which we got from father's asset , so in that case doesn't it mean that all constructed property belong to everyone whose names are there on the plot records

 


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