Property Dispute
4 years ago
My father bought a house in year 2004. The registry was done under two name first my fathers and second my brothers.
My father died in 2013. Since then my brother and his wife have started feeling that the house has become theirs. They have stopped respecting my mother aged 76 years.
I am divorcee with a daughter. my mother keeps my child as i am working professional. Now my brother and his wife threatens and uses abusive language and does not want my daughter also to visit that house.
Kindly advice if i have a legal right on the house or not and advice my step on it.
Also my brothers wife is in a government job so she thinks that nobody can harm her.
Shreyash Mohta
Responded 4 years ago
It is your fathers property. You have a share in it. Threaten him to file partition suit as per following rule of law.
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Section 8 of Hindu Succession Act the wife is entitled as follows:
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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.
Suneel Moudgil
Responded 4 years ago
i am assuming your father was registered owner to the extent of 50% share of the property and after his sad demise his 50% share will be distributed equally among you, your brother and your mother if you have no other siblings
SURESH KUMAR
Responded 4 years ago
Your Father's share on property is 50% on total property remaining is your Brother's share. After dismiss your father 50% of property devolves to his legal heirs it means that you have interest, right on 1 share of 50% your's father share property
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