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Who is legal property owner my father unexpected death
28-Sep-2024 (In Property Law)
My father has expired because of heart attack and he didn’t prepare any property will. Now my mother thinking he is sole owner of all property and intend to transfer all property to my sister, disregarding me and my brother. From a legal standpoint, she has the right to transfer all the property to my sister or sell it without involving me and my brother. What is my legal rights here?
My mother is house wife and she is depend on rented income coming from home and shop.
Sad to know the passing away of your father. As long as your legal rights are involved in the given scenario, you, your brother and sister are claimant to your respective shares based upon which personal religion laws are applicable to the family. in case of hindu law, the surviving family gets equal shares in the joint property, succeeded by intestate death of Karta. All coparcenary gets equal right, without prejudice. for more details, please connect with documents and appointment. Adv Soham Desai.
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Adv. Soham Desai
Vadodara | 400+ Answers
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In this case, you and your brother can prefer a partition suit for your respective share and right in the property. All the legal heirs of straight lineage have equal rights in undivided immovable property of the deceased who has died without preparing a will or codicile.
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Adv. Nisarg J. Desai
Ahmedabad | 100+ Answers
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