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Mother's right in father's property


12-Dec-2023 (In Family Law)
The flat is in Mom's and Dad's name. Dad has passed away in Dec 2015. Has no will. We are 3 siblings. Does my Mom has right to own the property fully. Hindu Religion
Answers (3)

Answer #1
905 votes
Unless contrary intention appears in the sale deed, your father and mother will have both 50% share in the property. After demise of your father, his 50% share devolves upon your mother and You all siblings. The mother can not be full owner of the property. She will have her 50% share plus the share devolved upon her after death of your father.
Answer #2
632 votes
as your dad died intestate the property shall be equally distributed to all the legal heirs of your father. in case wherein you children revoke your rights and are ready to give everything to your mother , then only in that case your mother can have ful right over the property.
Answer #3
545 votes
yes ur mother has right over the property of her husband, the disposal of the property of her husband is entirely depend on her wish.
If you want right in such property, you will have to get Succession Order from the court.
All the Legal Successor can file Joint Application for the order of Succession over the property.


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