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Mother dies without making will how to claim share over the property


27-Aug-2023 (In Property Law)
My mother dies without making will....we are 3 siblings...I m the eldest son living seperately....now we want 0ur 1 share in property...bt my sister n brother saying they will not give us a single penny....house is on my mothers name...n they wants to renovate that house now...wat shud we do now .?
Answers (2)

Answer #1
861 votes
Dying intestate under Hindu law, grants rights of succession to all the legal heirs. You need to get the pedigree registered with the Executive Magistrate so as to show your legal succession under law. The provisions under each personal law are distinct.

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Answer #2
732 votes
After the death of your mother, your succession right is open in your mother property, you have 1/3 right in your mother property.
You have to filed a suit for partition for getting your 1/3 right and in said suit you can ask injunction that no to demolish or change structure of shared home.

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