Son's Right on Divorced Mother's Property
30-Jun-2023 (In Property Law)
Dear Sirs,
I am 27 years old now. My parents got divorced in the year 2004, since then me and my elder brother was legally under my mom’s custody, my mom got to keep the house which was previously under a joint name of both my parents although it fully paid by my father alone, I had been living there since I was born there until recently around 6 months ago i was kicked out by my mom for a false allegation that she made on me for which she even admitted to me that she was wrong 3 months ago, my brother is very well settled in abroad for more than 9 years now & owns 2 house of his own in abroad, my mom makes a decent living too for herself & owns 2 house in Mumbai.
Now my mother wishes to gift all her assets such as her property, bank fd’s, her ornaments (in gold) etc., to my elder brother, leaving absolutely nothing for me.
Please Advice;
Can I legally make a claim on the property that I was living in for last 27 years?
What legal options do I have against my mom?
This is my response to you:
1. You must discuss this personally with her;
2. Ask her that you should get a certain share;
3. Make a family settlement deed;
4. Otherwise you can stake a claim by filing a suit;
5. Consult a local lawyer and take steps.
1. You must discuss this personally with her;
2. Ask her that you should get a certain share;
3. Make a family settlement deed;
4. Otherwise you can stake a claim by filing a suit;
5. Consult a local lawyer and take steps.
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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