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Can abroad living son claim share in mother's self acquired property ?
30-Jan-2023 (In Property Law)
Can one brother, living abroad demand his share in house by selling it after the death of parents. Elder brother is living in the house. House is in mother name. Hindu law
Hmm was there a will? If so, then who was the property passed onto. Property law is an interesting beast which is best dealt with when all the facts are at hand. Book a consultation and we shall be able advice you in a more comprehensive manner.
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If the house was purchased by mother from per personal income then it is entirely upto her as to whom the share should be given. If mother also acquired her from deceased husband or father-in-law then every child has share. For more details contact me any time.
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Adv. Prateek Mishra
Lucknow | 100+ Answers
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Yes. After the death of parents, if there is no registered will, all the legal heirs can claim the property for their share. The brother who is already living in the house holds the possession and can't be dispossessed without legal order.
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Adv. Soma Pandey
Lucknow | 200+ Answers
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If abroad living son has acquired foreign citizen, he cannot claim share in father's property because a foreign citizen cannot acquire property in India by way of inheritance. If he is still an Indian citizen, he can claim share in the property because it is rule of law that a person always carries his personal law. Law of inheritance is personal law, therefore he cannot claim his share in the ancestral property or joint family property. If father died intestate and his self acquired property is devolved to his son on inheritance. Hence, he has right to claim his share, if he is an Indian citizen.
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Adv. Shivendra Pratap Singh
Lucknow | 25+ Answers
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Dear Concerned,
Yes if the parents have died intestate the heirs have equal rights and can demand as per their wish for there share. As one of the brother is occupying the property there are two options, do not listen to your brother to get this legally done first he will have to file a partition suit post which he might be able to sell his share that to not without your consent. Secondly you buy out his share in the property .
Best of luck.
Yes if the parents have died intestate the heirs have equal rights and can demand as per their wish for there share. As one of the brother is occupying the property there are two options, do not listen to your brother to get this legally done first he will have to file a partition suit post which he might be able to sell his share that to not without your consent. Secondly you buy out his share in the property .
Best of luck.
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Adv. Atulay Nehra
Noida | 200+ Answers
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