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Dispute over property after death
28-Jun-2023 (In Family Law)
In the month of june my father expired, my parents were separated for almost entirety of their married life, my mother filed a case for maintenance, which eventually ended in settlement, the settlement deed expressly stated that I nor my mom can claim anything from my father’s assets. This agreement deed was signed by my brother and I (major, then). This copy was mere MOU. After his death will such agreement/contract still hold itself infront of the hindu succession act that applies on me? Or is it that I have no right to claim the assets. Additional point: My uncle is trying to claim the same.
Yes your will always be intact and divorce will not affect anything. In this case, we would need to see what the MOU states and how it has been proposed and drafted.
Hindu Succession Act overrides what is written in the MoU. Still in we would need to see the contents of the Notice.
Thanks
Helpful?
Adv. Aditya Singh
Delhi | 50+ Answers
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Your father was obligated by law with respect to your and your brother’s maintenance. If your father had died intestate i.e. without any signed will then you can definitely claim your share as a class-I legal heir to your father.
However, in order to have a better understanding of your case, you need to provide all the details for the same. Please feel free to contact.
Thank you.
Helpful?
Adv. Jia Kapur
Delhi | 200+ Answers
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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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