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Can a sibling acquire whole property of mother


15-Jun-2023 (In Property Law)
1. Mr. A, Mr. B, Mr. C and Mrs. D are siblings who have inherited their parental property after the death of their mother intestate. 2. Mrs. D is divorced and is living in the said property since more than 10 years (starting before the death of their mother). Also, since the past few years, her daughter, also a divorcee is living in the same house with her own son. 3. In consideration of the fact that Mrs. D has no other accommodation, the brothers executed a family settlement wherein she would get 30.01% while each of the three brothers would get 23.33% each. 4. Also, before her death, their mother had gifted each of the brothers Rs. 7 lakh. 5. Now, when the brothers decide to sell the property (around 3.5 cr), Mrs. D is claiming that as she was living with their mother before her death, she was taking care of her and thus she should get the entire property as it was their mother's dying wish (which is not in writing anywhere, only claimed by Mrs. D) Can Mrs. D win this case?
Answers (3)

Answer #1
500 votes
No she will not win the case just like that, if you three brothers i.e., A,B,C are wanting the same thing that us the sale of the property then one can file a suit for partition which will be a civil case, and make other two brother and also Mrs D as defendent in the same case and continue with it, it can be either asked for a division equally or on the basis of the family settlement.
Answer #2
812 votes
Mrs D cannot win the case but she can successfully spike the plan of her brother from selling the property till her life time and so her daughter.The prevention of women from domestic violence Act provide such remady.5he conflict of Rights of legal heirs and right of Women is yet to settled by Supreem Court.
Answer #3
574 votes
unless Mrs. D gets a NOC from all her other siblings she cannot get the entire property and her share is a limited one. To sell the property a case will be filed in competent court of law to determine share in property.

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