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Do son have any right over deceased father's property


19-Dec-2023 (In Family Law)
Sir, My father is expired in 2012 and my father left home registered on father name and left PF till date under control of Central Govt but going to release in June 2017 but my mother have issues with my wife and she is not ready to give a single penny to me .She is forcing me to take divorce . Please guide me how I can get share in home and PF
Answers (5)

Answer #1
718 votes
Depends whether your father left a will or not and if he did the property will be divided as per the will. But if he has not left a will then you are entitled to a share in the property. There are other details too
Answer #2
946 votes
Preliminary opinion on limited facts: In your case the property is distributed in all the living heirs includong your mother since your father disnot specifiy any detail on the one who will succeed. There are legal recourses possible i your case.

For detail opinion need a few facts and documents:
1. Property papers.
2. Name of the beneficiary in the PF account.
3. Mother's personal details.
4. Where and with whom your mother resides.
5. Reason for dislike of your mother towards your wife.
Answer #3
500 votes
Several details you have not mentioned in your query well in short let me tell you if you father died intestate then you may also have share equal to your mother what you should be very much sure weather will has been executed and if will is there and the property is not ancestral only then you cannot have to share otherwise if there is no will and the property is ancestral then nobody can stop you to take your share in the property
Answer #4
531 votes
I need to know if your father made any will, if yes in whose favour.
If your father died intestate meaning thereby without leaving behind any will then you and your mother will get equal shares in the property.
For procedure contact me personally.
You can take my contact details from law rato team
Answer #5
623 votes
You have equal share in the property and irrespective of whether you take divorce or not with your wife you will be entitle to equal share in your father's estate with your mother and sister. You can any day call for partition and succession certificate for the PF and other movable assets

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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