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Property was in mother's name, mother died, family details - father still alive age 75, two sons 42


01-May-2023 (In Property Law)
Property was in mother's name, mother died, family details - father still alive age 75, two sons 42 & 37. Both sons married. 1st son age 40 with 1 daughter and wife. second son 37 - one son with wife. Q1 - if the mother has not made any will then how it will be distributed? Q2 - in case the mother has made a will unwillingly under pressure in elder son's name or his daughter's name then how the younger son can claim the share?
Answers (1)

Answer #1
163 votes
Assuming you are governed by Hindu Law, the property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband. Property of a female Hindu to be her absolute property,therefore can be disposed it off what ever manner they deem fit and can not be questioned it unless influenced by any fraud or misrepresentation.

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