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Father died interstate brother taking all property mother want share


12-Mar-2023 (In Property Law)
actually my mother wants to fight a case against her son as my father died recently and my brother has taken all her documents and bank pasbook etc. i just to verify will it create an issue if my mother give property to which is on her name and i want to file a case for my father property to be on my mothers name and my brother and his wife beats my mother I AM HINDU BY RELIGION
Answers (2)

Answer #1
940 votes
Definitely your mother will get her share .The Hindu law of succession is well articulated regarding this ,your brother can't deprived her or you of the property ,your father had died without making any will it does not deprive others heir from the succession of the property left by your father .
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Answer #2
744 votes
When your father had died intestate- all the children and your mother being class I legal heirs are entitled to an equal share in the property of the deceased.

I would advise your mother and you to file a suit for partition and declaration arraying your brother as an opposite party in respect of all the properties of the deceased.
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