Property related rights of a daughter who is a widow and a son.
22-Nov-2023 (In Family Law)
A widow daughter, D, has been staying with her parents for almost 27 years now in the same house as son, S. The father, Mr. X, had been taking care of the daugher and her 2 sons for last 25-26 years. However, X's wife, the mother, Mrs. Y, had never been in D's favour and towards the last/end stage of Mr. X, took away everything from Mr. X and wrote a will giving everything to the Son, S. Mr. X had verbally promised D for a floor on which she had been living since last 27 years and another plot which Mr. X had been alloted by the DDA. But as told, everything on a written document is in the name of Ms. Y or S. What is D's right in such a scenario? Can she be thrown out of a house in which she had been living for last 27 years? Isn't there a law that supports such helpless women? Please suggest a solution now, knowing that Mr. X is still here but not doing very well in terms of health.
In this regard, i advice you that you case totally depends upon the status of the properties, whether those properties are self acquirred or a joint family property which has been passed through generations. It is submitted that if the assets were joint family property then you certainly after 2005 amendment have right to get partition int the said property which is self acquired, and the same is besides the fact has been passed under a will to you brother and mother as the case may be. For further clarification on the issue, please contact.
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.
Connect with top Family lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."