death settlement
2 years ago
My father die in april . me(female) and my mother is the only legal hair. But mother want to do the house in her own name without giving me any share. Shall she will do without my permission??
As per Hindu succession act, 1956, If father dies without making will his property is distributed among class 1 heirs which include mother and son in equal amount. Same goes with your case you and your mother will equally inherit yours property.
Thank You.
A.Dear Madam,
No, yourself and your mother got equal share as such she cannot transfer entire property in her name as per following provision of law.
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Section 8 of Hindu Succession Act:
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General rules of succession in the case of males.―The property of a male Hindu dying intestate
shall devolve according to the provisions of this Chapter:―
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
CLASS I
Son; daughter; widow; mother; son of a pre-deceased son; daughter of a pre-deceased son; son of a pre-deceased daughter; daughter of a pre-deceased daughter; widow of a pre-deceased son; son of a pre-deceased son of a pre-deceased son; daughter of a pre-deceased son of a pre-deceased son; widow of a pre-deceased son of a pre-deceased son.
I could have explained more if background is known to me.
Please give me FIVE STAR if satisfied by my answers.
Advocate Sinjari Bandyopadhyaya
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