Dispute between mother and daughter
18-Mar-2023 (In Property Law)
My father died interstate leaving only two heirs behind me ( daughter ) and my mother however my mother doesnt wish for me to get a share in my father’s estate. Im aware you can file a partition suit but my mothers advocate is prone to illegal activity and therefore, going to court is a risk. My question is, since the owner of property is my deceased father ( and all bills are paid in his name ) , can my mother ( illegally ) get ownership and cut me out of the shares im owed? Or is that completely impossible.
Well, you as a legal heir have 50% rights in the Father's estate by birth, since your father has died intestate. Even if the mother is trying to take away your share, the same can be objected by issuing objection letters to concerned Society / Association, Bank as well as all Movable and Immovable assets of your late father. Immediately, file for Administration before court and bring in all properties into the application. Partition may be sought at later date. Get administrator rights secured by court.
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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