Property - both parents are expired
2 years ago
We are 3 brothers and 1 sister (all married). Both parents are expired. During mother's existence she had given in writing to our social society that since one son is not taking care of her physically and monitorily, she doesn't want to give property share to him. Now this son wants his share. And now he says whatever money we had spent from rental income of property on mom's medical expenses, repairs and maintenance, taxes etc. Is not acceptable to him. He wants monetary benefit now. Can we other sons file a case and disown him like he did to our mother?
A.Dear Client,
As per the facts which have been provided, if your mother has made a valid will then your brother will not get any share and if your mother did not make any will then all the children will get equal share in the property.
Hope this clarifies your query and requirement.
Thank you.
As per the facts which have been provided, if your mother has made a valid will then your brother will not get any share and if your mother did not make any will then all the children will get equal share in the property.
Hope this clarifies your query and requirement.
Thank you.
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A.Dear Sir,
He cannot be disowned from getting property as all children entitle for a share irrespective of their participation in maintenance expenses of their parents.
He cannot be disowned from getting property as all children entitle for a share irrespective of their participation in maintenance expenses of their parents.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.To give opinion, it is necessary to know scrutinize the concerned document given by your mother to the Society for its scope, meaning, effect and legal implications. It is also necessary to know whether it is your mother's self acquired property or not.
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Subhashis Paul
Responded 2 years ago
A.If your mother executed a valid will before the said society then you need to get an order of probate from the learned district court, then your brother will be already disowned but in case your mother has died intestate (without any will or any other valid testamentary) then all the three brothers and one sister, though all are married, will get equal share of right on the said property by inheritance as per the Hindu Succession Act.
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