According to section 8 of the Hindu succession act, you have full rights over your property as after the demise of your father, your mother and his children have the authority over the property. Thus, your mother has no right to evict you from the property.
Section 8 of Hindu Succession Act:
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.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.If your father died without making and publishing any Will, then after his death his property has been devolved upon his wife and children so your mother has no legal right to evict you from that property. It is necessary to make Legal Heir Declaration and to take step for applying for Succession Certificate.
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Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
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