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Whether the mother is main owner of the property after father's death
31-Jul-2023 (In Property Law)
WE ARE 6 MEMBERS JAINS FAMILY... FATHER MOTHER, 2 SON AND 2 MARRIED DAUGHTER. MY FATHER DIED 10 YEARS BACK AND DID NOT MAKE ANY WILL. MY FATHER HAD A LAND PROPERTY. AM HANDLING ALL EXPENSES OF MOTHER AND FAMILY SINCE MY FATHER DEATH. I WANT TO KNOW WHETHER MY MOTHER IS MAIN OWNER OF THIS PROPERTY AFTER FATHER DEATH? CAN SHE DECIDE WHO GETS SHARE IN THIS PROPERTY? CAN DAUGHTERS CLAIM ANYTHING NOW AS THEY ARE MARRIED AND MOTHER DOES NOT WISH TO GIVE ANYTHING TO DAUGHTERS.
After the death if your father, his self-acquired property shall devolve upon his mother, if alive, your mother, your sisters, your brothers and you in equal proportion. You are entitled to a share legally.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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1,if it is your father self earned property all legal heirs are eligible for equal shares. in the absence of any testamentary document.
2,Your mother is also one of the shareholder in the said property.
3,All daughters are eligible for equal share.
2,Your mother is also one of the shareholder in the said property.
3,All daughters are eligible for equal share.
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Adv. RS Raghavan
Chennai | 100+ Answers
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Since you belong to the Jain community you are governed by the Hindu Succession Act. As per this when the father died without a will the property will go to all the legal heirs which include your mother ,brothers and sisters and all will get equal share. Due to the amendment to the Hindu succession Act even the married daughters will get share.
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Adv. G. Asok
Chennai | 200+ Answers
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After your father's death, all the family members get a share in the property. Your mother cannot decide who can get share or not. Legally everyone has an equal share in the property. No one is the main owner of the property. All of you can jointly decide how to share the property and if all of you agree then you can do it mutually. If you need any further advice/assistance kindly contact me.
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Adv. Suchit Palande
Chennai | 200+ Answers
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