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What is my mother's rights on my late Father's assets
25-Aug-2023 (In Property Law)
I want to know who is default owner of the property after my father's death on his self acquired property. When all the legal heirs will come into play. Can my mother decide how the property will be distributed at the moment. Does she has the right to do same and register the same in court. Also who will receive the amount of compensation if government has acquired some property by default. My father has not prepared any Will or something else. ?..
Section 8 of Hindu Succession act, 1956 provides the list of legal heir entitled to inherit the property. That mother is certainly one of the legal heir entitled to the property. That property will be equally divided between all the legal heir namely mother, wife, children both son and daughter. However, father is excluded from class one legal heir. They will hold property jointly unless and until partition is granted by civil court. Further in case of deposit of compensation amount lying in LAC office , same needs to be distributed equally between all legal heirs stated above. That you need to record entries of death in revenue record by giving death certificate and affidavit of legal heirs for change of entries. That partition of property may be done by mutual consent by giving affidavit along with site plan either in the record of municipal authorities if in urban area or revenue record if in rural area.
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Adv. Prateek Aggarwal
Gurgaon | 25+ Answers
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