Division of share in the property in case father died intestate?
21-Jun-2023 (In Family Law)
Religion: Hindu Maratha My father has two properties one in Mumbai and one in his native. Due to sudden death he could never prepare any will.. so now in this case Who is the Heir to his property??My mother has 3 daughters including me and 1 son. She had been living with her son for over 50years.However now she has left her son's house due to mental harassment and other family issues by her son and his family. So now how she can get those properties under her ownership and also how can she create her own will ?
In the given situation, your mother will have to file a civil suit for partition in the jurisdictional civil court, also, she can claim maintenance from her son under section 125 of CrPC. Also, the said self acquired property which your father has acquired, your mother will be considered as the owner of the said properties
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