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Can a mother give all property to one son accuired from her husband - Hindu
8 months ago
My mother (Hindu) brainwashed by my elder brother , blackmailing me to give all house property paper which she got after my father death, to my elder brother leaving me and my family of four shelter less. Even the house was not build/purchased by my father, it's coming from generation.
Please tell me in which case she can do that and what should be the best response . I am very nervous now I don't know where I will take my family.
A.Dear Client,
Here are some key points to consider:
Inheritance Rights: In Hindu law, property can be classified as ancestral property, self-acquired property, or joint family property. The rules governing property inheritance can vary based on the type of property.
Ancestral Property: Ancestral property typically refers to property inherited from ancestors up to four generations. If the property is ancestral, all legal heirs, including daughters, have a right to it. Your mother's rights in ancestral property depend on the specific circumstances.
Self-acquired Property: Self-acquired property belongs to the person who acquired it. If your father purchased or built the house with his own funds, it could be considered his self-acquired property.
Property Title: Examine the property title and ownership documents to determine who legally owns the property. This information is crucial in understanding the rights of the legal heirs.
Will or Intestacy: If your father left a valid will specifying how the property should be distributed, it must be followed. If there is no will (intestacy), the property may be subject to the laws of intestate succession, which can vary depending on your jurisdiction.
Legal Advice: It's highly advisable to consult with a qualified attorney who specializes in property and family law. They can review the specifics of your situation, including the type of property, the presence of a will, and your mother's rights, and provide you with legal guidance.
Mediation: Depending on your family dynamics and your willingness to reach a resolution, you may consider mediation to address the dispute amicably. Mediation can sometimes help parties come to mutually acceptable agreements.
Legal Action: If necessary, you may need to take legal action to protect your rights and interests. Your attorney can guide you through the legal process, which may involve partition of the property, seeking an injunction to prevent its transfer, or other legal remedies.
Documentation: Keep all relevant documents, including property titles, wills, and any communication related to the property, as they may be crucial in any legal proceedings.
Thank you.
Here are some key points to consider:
Inheritance Rights: In Hindu law, property can be classified as ancestral property, self-acquired property, or joint family property. The rules governing property inheritance can vary based on the type of property.
Ancestral Property: Ancestral property typically refers to property inherited from ancestors up to four generations. If the property is ancestral, all legal heirs, including daughters, have a right to it. Your mother's rights in ancestral property depend on the specific circumstances.
Self-acquired Property: Self-acquired property belongs to the person who acquired it. If your father purchased or built the house with his own funds, it could be considered his self-acquired property.
Property Title: Examine the property title and ownership documents to determine who legally owns the property. This information is crucial in understanding the rights of the legal heirs.
Will or Intestacy: If your father left a valid will specifying how the property should be distributed, it must be followed. If there is no will (intestacy), the property may be subject to the laws of intestate succession, which can vary depending on your jurisdiction.
Legal Advice: It's highly advisable to consult with a qualified attorney who specializes in property and family law. They can review the specifics of your situation, including the type of property, the presence of a will, and your mother's rights, and provide you with legal guidance.
Mediation: Depending on your family dynamics and your willingness to reach a resolution, you may consider mediation to address the dispute amicably. Mediation can sometimes help parties come to mutually acceptable agreements.
Legal Action: If necessary, you may need to take legal action to protect your rights and interests. Your attorney can guide you through the legal process, which may involve partition of the property, seeking an injunction to prevent its transfer, or other legal remedies.
Documentation: Keep all relevant documents, including property titles, wills, and any communication related to the property, as they may be crucial in any legal proceedings.
Thank you.
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