Division of property after the death of father in absence of will
03-Oct-2023 (In Family Law)
Sir/mam My father passed away in dec. 2015 before his retirement as govt. servant.So my mother and me decided to give his job to my elder brother during that time he promised to support me financialy in my studies as well as will take care of the family which consist of me my mother and him(brother) but after his marriage which was o june 2017 he refused to help me anymore in my studies and is not even supporting my family financialy.He has made my as well as my mother's life hell and is now demanding his part in property.I wanted to know thay does he hold any right on property of my father as he has not left any will after him even if my mother is alive.
As per Hindu law of succession property is distributed among heirs when no will is made by deseased .In this it has to be seen whether the property was inherited or self acquired because succession law differs for both !In your case detail is required with that as far goverment rules is concerned your mother must be getting family pension if there is provision of pension ;for details contact .
Yes he has equal right as u .now the property will be in the name of your mother and after her death the said property will devolve around u both.and also your mother can claim maintenance under section 125 cr. P. C from his son.
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