Son sold dead husband's property. Can I ask for my share in that now?


I am in desperate need of legal advice. I am a 60 year old housewife. My husband died in February 2006 leaving me a house and a factory in Delhi. I have two children, a son and a daughter. My son married in 2005. After my husband's death, my son sold the property and shifted to Gurgaon buying a house in his and his wife's name.

 

Now they are saperating & dividing the house between them with no share to me or to my daughter. I am now staying on rent. How can I demand for my share now?

Answer

Upon the death of your husband, if he has left any will, then the property shall stand devolved in the name of the beneficiary under the will, provided the properties were self aquired properties of your husband.

 

In case the properties are self aquired, and your husband has died intestate (without leaving a will), then you, your son and your daughter become the owners of the properties to the extent of 1/3 share each and accordingly, can file for partition of the properties.

 

With the situation now, you can file for an injuction against your son that since you and your daughter also had a share in the property left by your husband and the Gurgaon property was purchased by him and his wife without giving you and / or your daughter your respective shares, he should be directed not to sell / dispose off the same.


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