Who have Rights over Deceased Father's Property ?
02-Dec-2023 (In Property Law)
Sir, My brother in law's (sister's husband) father passed away about two years before, before he died , leased his own house.now agreement period is over, my brother in law sister's occupied that house.His father having many property like lands and houses.Brother in law's sister already takes one part of the land of father's property with the consent of him.but now trying to occupy that house without willing to give share of father's property.note that my brother-in-law's mother is innocent.she never mind about that property , so she ready to sign any documents.his sister may take it as boon to make it as legal..Kindly give your opinion in favour of my brother in law.is my sister can take any legal action?
From the facts you have stated, if your brother-in-law's father had died without leaving any will, his estate shall devolve on all the legal heirs equally, namely: your brother-in-law's mother, your brother-in-law's sister and your brother-in-law. Your brother-in-law may file an eviction suit against his sister.
If your brother in laws father has acquired all these properties by his own effort he can give it to anybody through a will. But if there is no will it has to be distributed among all the three ie your sisters husband, his sister and his mother. Based on these facts your brother in law can take steps for partition of the property.
I would like to know whether any will or settlement deeds executed by the deceased person. If there's any kind of settlement or will available, then those would prevail.
If there's no such documents, depends on the religion the property would be divided through court.
In general, every legal heir has the equal rights over the properties
If there's no such documents, depends on the religion the property would be divided through court.
In general, every legal heir has the equal rights over the properties
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.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Legal Documentation for Claiming Ancestral Property Share Without Disp
- Agriculture land and house property are two separate entities or singl
- Grandfathers property sold out by the grand daughters.
- Gift deed from mother to son but paid in cash the property value
- Cancellation of registered agreement to sell
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."