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hindu succession act


There are 3 members in the family father mother son, father dies interstate without will, the property and money has been owned and made by the father completly over the years then : 

Do the mother and son get equal share, or it works somewhat the other way..

please help looking for as much details as possible.. 

 

 

 
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LEGAL

If the family is hindu family then all  will get equal share ; 

 
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Yes the family is hindu, now survived by only son and mother, however the mother says they own everything, inspite of the will not being there. can this be true. 

 
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LEGAL

If we look as faith being mother certainly she oowns everything including you but if we look as per law and life she is wrong, just don worry, get your half of everything...

 
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thnk you soo much for the help, could you also advise how to approach the court the cost involved and the time taken to resolve something like this. 

 
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LEGAL

You just file suit for partition and file applications fir  any intereme relief ...just be sure that the alination,selling or margaging of property to be stayed ; deside if there are bank accounts of your father file applications to them and also make them parties in the suit.

 
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Ok thank you what we've discussed earlier is also applicable in case of self acquired property...
 
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Lawyer in Hyderabad.wats app no.9989324294

According to the Hindu Succession Act, 1956, a son or a daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a coparcener, an individual also has the legal right to acquire his or her share in an ancestral property. 

 
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Thank you soo much
 
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Scientist/Engineer

As experts have advised you, you and your mother have equal share in the estate of your late father, whether it was self-acquired, or inherited. After your mother's death the entire property will become yours only. After the death of her husband there is no close relative for your mother other than you. Apart from property and wealth one requires someone, who will care for one. There is no one to care for her in her old age more than her son. Manu Smriti says that a son looks after his mother after the death of her husband. You are the guardian of your mother. In a frustration sometimes she may say this house belongs to me or half the wealth is mine. If both of you together are staying in a house she may say in a momentary frustration that she wanted to claim her share or that entire house belonged to her implying that you should vacate the house. Are you married? If so the strained relationship between your wife and your mother could be the source of the problem. She may imply that her daughter-in-law should be thrown out. If your mother tells you that the house is hers tell her "Why Amma, the house belongs to all of us. How can I leave you and live separately."  She may be at fault. Even then try to assuage her feelings. I am not a lawyer. I am a social scientist. Courts and lawyers will ruin the life of both of you. Under the circumstances you are the most valuable property for you mother left behind by your father. 

 
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