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sudha   22 September 2015

Is there any law is there the mothers property for son only

my wife is last daughter her mother is widow her house is have 05 portion she has given each portion to each children and with her 03 brothers are there recently by forcelly elder brother came and lock my wife portion and telling that my wife is not working and for me there is a life running amount is less and for u u and ur hubby working and in india the property for son only so i want to take the rent by forcely he has taken and taking rent from the house give the guidence how we can come over come this like he is telling any rule there kindly feedback



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 4 Replies

Kumar Doab (FIN)     22 September 2015

 

Refuse to vacate. If required involve elders of the family, your lawyer, police and obtain injunction.

It is believed that you are Hindu.

Hindu Succession (amendment) 2005 awards equal rights to married daughters, in un-partitioned properties.

If the owner of the property is your mother (self acquired) and she is alive then in her life time she can give the property by her sweet will to anyone by WILL/GIFT/Sale/settlement or even mortgage it……………………..and she does not require anyone consent for it.

 

If the owner of the property was say……………….your father and property was self acquired……………and he died (after the amendment was notified) without leaving any WILL……………………….then his wife and all sons and daughters shall share it……………………………………and you can file for partition in court.

 

If he died (before the amendment was notified) the local state law may be looked into.

 

You may consult an able Lawyer specializing in family/property/revenue/civil matters and local state laws.

saravanan s (legal advisor)     22 September 2015

whatever property that your mother posess is considered to be as her self aquired property and she can give it to whomever she wants to give.

if she is alive then ask her to gift the particular portion to you.once gifted to you, you can file complaint on your brother if he still troubles you.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     22 September 2015

Rightly replied by the above legal experts.

SuperHero (Manager)     22 September 2015

Involve elders as per the need.

If you involve Lawyers, Police your family reputation will be gone, your relationships will worsen and you will be roaming around courts...How long?

Depends on the Strength, Time you have and Money to spend...


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