Civil Procedure Code (CPC)

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Neil Paul   21 July 2021

Forcefully Occupied Property

Greetings to all the Experts!

I want to help a friend who has the following problems but I seek the legal guidance first to proceed:

I have a friend whose husband passed away last year in the month of October due to Covid-19. He bought 2 Flats in Noida by the means of Loans.
After his death my friend has 1 of his Flats under her name but the other flat has been overtaken by her Mother-in-law.
Her father-in-law passed away a long time back but my friend's husband never held any part of the property of his Father simply because his mother excluded him from the share (without any will and with her own consent). She is currently having 2 sons and a daughter apart from her deceased son, and wishes to distribute the property among them including the property of her deceased son.
I would like to know from my friends part that how can she take the possession of her husband's property as her mother-in-law doesn't want to share the ancestral property, my friend does not want to share her deceased husband's property with his family who had never been good to them even when her husband was alive.

What are the legal provisions for claiming the deceased husband's flat that had been forcefully occupied by his mother and her rest of the children???

Thanks in Advance


 3 Replies

Kishor Mehta (CEO)     21 July 2021

If the son has died intestate, his mother has equal share in his legal properties. In the case of your friend the legal properties of her deceased husband will be shared equally between her mother-in-law, her  three children and herself. i.e. 1/5th share each.

G.L.N. Prasad (Retired employee.)     21 July 2021

Without knowing the facts and circumstances applicable under law, do not step into the shoes of a professional and offer advice, let her approach to a sincere and dedicated advocate for exploring the possibilities if any, as a mother she can only get a share with deceased's wife and children and the deceased share in inherited property should go to his wife and children.

STUDENT.... (.......)     28 July 2021

Partially disagree with @Kishor Mehta

Parents has equal right on there deceased son property I agree but the brother and sister has no right to their deceased brother property.

Hence, 50% right she can claim on the property owned by Deceased Husband.

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