Property right after my mother death

sanjay singh (Querist) 23 January 2022 This query is : Resolved
I come to about Hindu Succession Act. All legal heirs has the right in my morher property but so many times I have seen High Court has power to decide on moral based. In short My brother was abscond more than 22 years.My mother has given statement in her dv filed by mother against my wife.My brother is staying separately since after his love marriage.After that no relation was maintained.My mother get admitted in hospital by me (younger son Sanjay Singh).I having a financial crisis from feb 2020 but previously I had a medical policy previously for my mother treatment and once I admitted her in private hospital but this feb 2021 I supposed to goto private hospital but due to lack of financial support I brought her govt cooper hospital vile parle mumbai.I reached on time in a hospital but due to negligence of casualty dept of a hospital she got brain stroke and they were treating her as Corona Patient.After 24 hrs I got to know she is negative but it was too late she did'nt get proper treatment.There are two parts in a brain both was damaged.After that she never responded or brain dead. I mean to say When doctor said about my mother she must be corona symptom.I said to my elder brother please you and your wife both are earning they were estate agent and car dealer.They never supported to my mother in any form of financial as well as any moral support.I was crying and shaking please save my mother life because doctors of govt hospital will killed my mother and admitted in Corona Dept.My brother said to me, no you can't take her back she would die if we leave this hospital.

My question to all " Is this kind of son?" who never supported in a last breathe also and now he has come for the property. Judges are blind only see what is written in law of property rights.They don't see the betrayal son of mother. As a son our obligation towards our parents are bound soon after birth but my brother he was elder than me he himself decide for his love marriage and left my mother alone.Any how I started earning and start supporting her.One more about my mother was also abandoned by my father.She was a father and mother for me. How much she has struggle for her livlihood as a son I feel her pain about my mother.In that situation my mother and I were stand again.

I am requesting to all experts please help me to get justice against my mother.Every one is saying not a single ruppees of my mother should go to my brother as well as to his wife. Regards,
Sanjay Singh

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This discussion concerns property rights following a mother's death, specifically under the Hindu Succession Act. The original poster, Sanjay Singh, describes his estranged brother's absence for over 22 years and his own financial struggles to care for their mother, including a hospitalisation where he alleges negligence led to her deteriorating condition. He questions his brother's entitlement to a share of the property given his lack of support and seeks advice on how to ensure his brother does not inherit, especially since no will was made.

kavksatyanarayana (Expert) 23 January 2022
No. If your mother is having any property, she is the sole owner of the property and she can do it as she wishes. After her, if died intestate, all the legal heirs of your mother have an equal share over the property. So your brother will also get a share whether he is doing service in any way or not.

SHIRISH PAWAR, 7738990900 (Expert) 24 January 2022
Hello,

Your mother has not executed 'will' so in absence of 'will' property will go to her legal heir i.e. her children in equal proportion.

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