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Procedure in case brothers trying to claim property given by mother


30-Oct-2023 (In Property Law)
Dear sir/Madam We are 5 brother and sisters from our parents. 2 brother and 3 sisters, I am the youngest one. My parents were with me throughout their life. We have a house build up by my father registry was in his name, he expired in 2003. Thereafter mother was with me till 1 oct 2017. She also expired recently. My elder brother sisters all gave a written concent that they don't want any share in the property before mother’s death on a stamp paper which was not registered. But my mother wrote a will that the house will be given to me after her death ( which was registed). Now just after my mothers death my brother is demanding his share. Plz suggest me about the legal safeguards. I served my mother and father throughout their life. Although my who is a govt. servant is going to retire next year resides in another city, having his own flat there, he will get pension and all facilities provided by govt. I the contary i am working in a pvt school having very nominal salary.
Answers (3)

Answer #1
610 votes
If your father has not executed any will and died then property has converted in parental property and your brothers and sisters have equal right on property. If father has executed will regarding property in favour of your mother then she give this property only you then no body have right on aforesaid property.
Answer #2
714 votes
Off the property was the personal property of your father and he died without execute the will than all the property has been transferred automatically in equal share in all legal heirs of your father, here I would like to clear that your father has been died in the year of 2003 so your sister can not claim her share but your brothers has equal share in the property including your mother.
Answer #3
913 votes
Hello,
Please tell me about that your father executed any will to your mother or family member. Mother had got 1/6 share in house so you are eligible to have 2/6 share in house. But you have to file case for declaration before the civilcourt for rest share

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