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Can i claim share in father's property if mother not agreeing
13-Oct-2023 (In Family Law)
Hi, My father had constructed one house and had 1 site. my father expired in Nov, 2014. Site which he has was registered in my mothers name. I am the eldest son of my family. Recently my mother had registered the site which was in her name to my sister. do I have any rights in this property? My mother is now telling that she not give any share in the house which my father has built? she is also saying that she will not give any share in the jewels my father had purchased? Being the eldest son what are my legal right? I have been giving the 3ooo from mysal every month for last 14 to 15 years and also have taken care of their health...etc can you please advise me what to do. thanks,
You being the eldest son has equal share in the property along with your other brothers and sisters. Your mother has also a share like yours'.
Since you are taking care of her in her old age, this also supports you in case you need to move the court of law.
Firstly counsel your mother about the practical side of this. If she does not budge, You can challenge the transfer of property made by your mother to your sister asking for equal share in the court.
If you are in Bangalore, we can professionally assist you.
Dr.Gubbi, Counselor & Advocate, Bangalore
Since you are taking care of her in her old age, this also supports you in case you need to move the court of law.
Firstly counsel your mother about the practical side of this. If she does not budge, You can challenge the transfer of property made by your mother to your sister asking for equal share in the court.
If you are in Bangalore, we can professionally assist you.
Dr.Gubbi, Counselor & Advocate, Bangalore
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Adv. Dr. Gubbi S Subba Rao
Bangalore | 100+ Answers
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The site in your mother name is registered in favour of your sister, you have right over the poperty/site.
In respect House if it is in your father name you all will get 1/3 share.
In respect of Jewels as long your mother alive, you cannot claim any share.
In respect House if it is in your father name you all will get 1/3 share.
In respect of Jewels as long your mother alive, you cannot claim any share.
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Adv. Periyaswamy K S
Bangalore | 100+ Answers
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You have got equal share along with other legal heirs of your deceased father. Other legal heirs means your mother, brothers and sisters.
Mother is not only the absolute owner of the properties after the death of her husband. After the death of the father succession opens. As such you have got equal rights. If your share is denied , file a suit for partition and seperate possession claiming your share.
Mother is not only the absolute owner of the properties after the death of her husband. After the death of the father succession opens. As such you have got equal rights. If your share is denied , file a suit for partition and seperate possession claiming your share.
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Adv. Rajeev S Vadrali
Gadag | 100+ Answers
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