Anonymous
Asked September 27, 2016

Right to Father's house

  • 1 Answer
  • 408 Views

We were two brother and my elder brother was married ,and he have a son .he died now. my father is alive and he is owner of a house, he does not want to give any part to my brother wife and I want to asking you does my brother wife and son have right to my father property,

Answer 1

Your brother’s widow and son are the immediate natural heirs of your brother. In this case, they are entitled to an equal share over your brother’s property. Schedule I of The Hindu Succession Act 1956[1] includes a widow and son as a class one heir. Your brother and you simultaneously enjoy equal share over your father’s property. Your father hence cannot deny your brother’s widow and son their share out of the property over which your deceased brother had legal rights. Hence, for receiving their share of the property, they can approach the Collector or any gazetted subordinate of the Collector for a partition suit under S. 54 of Civil Procedure Code, 1908[2], which provides for separation of the share of an undivided estate.  

[1] Available at: http://www.vakilno1.com/bareacts/hindusuccessionact/hindusuccessionact.html#THE_SCHEDULE

[2] Available at: http://www.advocatekhoj.com/library/bareacts/codeofcivilprocedure/54.php?Title=Code%20of%20Civil%20Procedure,%201908&STitle=Partition%20of%20estate%20or%20separation%20of%20share

 

Agree Comment 0 Agrees almost 4 years ago

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