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Mother claiming deceased father's property after living separately
30-Oct-2023 (In Property Law)
Hi, my father and mother are living separate (not divorced) for a long time. Still i did whatever i can for my father including supporting him when required, including in his last yearsmonths. After he passed away, his family is not giving us anything from his property. Do I have a claim over this property? what if he as made a will and given his property to others and not us? Can I or my mother legally file a claim on such property? FYI: a part of my father's property is inherited by grandfather
As per section 8 of the Hindu Succession Act, you as well as your mother would be entitled to a share in your father's self acquired property, being class 1 heirs of your father if your father died intestate. However, if he made a will and didn't give you anything in that will, you cannot claim anything as far as his self acquired property is concerned. But remember that the originality of the will can be questioned when it goes for probate.
As far as the ancestral property is concerned you have a right to your share being a coparcener.
As far as the ancestral property is concerned you have a right to your share being a coparcener.
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Adv. Samyak Raj
Delhi | 500+ Answers
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As per your query
Yourself and your mother are the legal heirs of your father which come under the First category of legal heirs as per law. You can definitely claim your rights in property of your father.
In case if your father has made a will his property will be disposed off as per his will.
Regards
Yourself and your mother are the legal heirs of your father which come under the First category of legal heirs as per law. You can definitely claim your rights in property of your father.
In case if your father has made a will his property will be disposed off as per his will.
Regards
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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Yes you can claim as per Hindu Succession Act if you are coming under the Hindi Religion and normally also you and your mother can claim right in property and challenge the will if given to others not related.
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Adv. Pankaj Bafna
Mumbai | 25+ Answers
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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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