Right to claim share in deceased mother's property


Dear Sir, My father has claimed over a self acquired property of my deceased mother and has refused to transfer ownership to me(his only son). Please let me know my legal rights with respect to my mother's property in this case as my father has remarried after my mother's death.


Answers (2)

Your father is not the only heir of your deceased mother. Therefore there is no question of taking over the entire property by your father. You have equal rights in the property of your deceased mother and you can lodge a criminal case as well as a civil case to get your 50% of your share.


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Upon the death of your mother, if she has not left any will, her estate shall devolve upon her children first as her Class I legal heirs. Your father being a Class II legal heir, he has no right over your mother's estate. File a suit at the district court.

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