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What are the rights of mother on husband's property?
04-Oct-2023 (In Property Law)
Hi, My father died 14 years back. He has one house in Hubli and one house in Bangalore in his name. He did not make any will. We are 3 daughters and I'm the last daughter. My mother is staying in a rented apartment near my apartment (using the rent from Bangalore house). My eldest sister and her husband and daughter are staying in Hubli house. My mother wants to sell the house in Hubli and get 25% of the income so that she can maintain here daily expenses. However my eldest sister and brother-in-law are not co-operating and they are not ready to leave the house as well. They are expecting more money for the property than what is being offered by buyers. Is there any way that my mother can apply or make them leave the house or the way my mother could get her share?
If the property is a self acquired property of your father, then your mother has a right and share in the property. please check after you father's death the documents such as katha are entered in the name of your mother to show that she is enjoying the property as a owner.
on the other hand if your brothers are not agreeing then a partition of the family properties can be made to have separate right and share over the joint family property so that each one can enjoy the share of the property separately.
If the brothers are objecting then your mother can file a suit against them, but if you want to sell the property it can't be done.
for further clarifications you can revert back to me.
on the other hand if your brothers are not agreeing then a partition of the family properties can be made to have separate right and share over the joint family property so that each one can enjoy the share of the property separately.
If the brothers are objecting then your mother can file a suit against them, but if you want to sell the property it can't be done.
for further clarifications you can revert back to me.
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Adv. Sharada H V
Bangalore | 100+ Answers
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Yes, your mother has a right of maintenance over her husband`s property. though she cannot straightaway sell that house or another house, she can file for its sale in court based on her right to meet her expenses. She has to name your other sister as a party to suit.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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