Anonymous
in Property Law
Asked September 18, 2018

Property case against mother for property of late father

  • 10 Answers
  • 559 Views

Can my husband file a case against her mother for property of his late father.

Answers 10

100% she can file partition suit against the legal hair of deceased father 

Agree Comment 1 Agree 11 months ago

She has legal right to claim partition of her deceased father against legal hair of father

Agree Comment 0 Agrees 11 months ago

Yes, being class I legal heir of his father, your husband can file suit against his mother for the properties left behind by his father without making any Will. 

 

Agree Comment 0 Agrees 11 months ago

The Hindu laws relating to inheritance of the property declares that property of a person after his or her death will be divided according to two mechanism:-

1.   By will of the deceased person 

2. According to Hindu inheritance laws 

If the deceased person has made a will than the property will be inherited in the manner provided in the will whereas in absence of any will the property will be divided in the share of 1/3rd amongst the legal heirs of the deceased person 

In this case the son of the deceased father has every legal right to claim his share of property and hence can file a petition regarding the same before the local district court within the jurisdiction of your property. However, in case their is a will already existing and if no share has been granted to the son by the deceased father than in such case there is no legal redressal available.

 

Agree Comment 0 Agrees 11 months ago

need more case information to give the right advice 

Agree Comment 0 Agrees 11 months ago
Consult Now

No, Your husband's mother property is her own individual property. Mother's property inherited from her father is not a HUF property and your husband has no simblance of right, title or interest in such property. So dont be greedy and stay away from her mother's property, you wont get any success. 

Agree Comment 0 Agrees 11 months ago

Yes. it is always advisable to do mediation first. 

Agree Comment 0 Agrees 11 months ago

Defintiely he has the legal right first issue legal notice then claim in the court. 

Agree Comment 0 Agrees 11 months ago

If the property belonged to his father then he too has a share and  hence he can demand a share or file a suit.

Regards 

Agree Comment 0 Agrees 11 months ago

Dear querist

Yes, as a legal heir your husband can file a case against his mother for his share in his father's property. Your husband can file partition suit. 

Regards 

Adv Vinit J. Mehta

Agree Comment 0 Agrees 11 months ago

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