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Can wife claim share in husbands property if will says otherwise


22-Jul-2023 (In Family Law)
My father died leaving will that,my mother can enjoy the house till her death but couldn't sell.meanwhile my brother died leaving his widow and 2sons.they are grown up and neglecting my mother.can my mother get some portion of her deaseased son ? please advice
Answers (3)

Answer #1
502 votes
If you are belong s to Hindu revision then will need probate to get title of land if your mother was neglected by the widow and son of your brother the she has right to claim maintenance from them as well make a partition of the land
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Advocate Durga Prasad Jena

Adv. Durga Prasad Jena

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Answer #2
875 votes
If it is the self acquired property of your father then your father has got every right to bequeath the property through will to your mother. That after the demise of your mother the rights of the said property will be transferred to both sons. If one of your brother is expired than the legal heirs i.e the two sons of your brother will be the rightful owners.
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Advocate Rajendra Kumar Senapati

Adv. Rajendra Kumar Senapati

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Answer #3
841 votes
You can file a petition suit and keep them separated.Your mother can file domestic violence case against them to restrain their activity.If the property is your father's self acquired then you can evict them in later stage
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Advocate Samar Pratap Mohanty

Adv. Samar Pratap Mohanty

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