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chellamani (vice president corporate finance)     17 July 2014

Inheritance rights

Dear Sirs,

 

My mother has 6 children (3 sons and 3 daughters) and I am one of the daughters. My mother has been living in a rented property since over 40-50 years and this has come to her after her husband's brothers left the house and went off separately. She has brought up her children in this house and one of them pays the rent for this which is a minimal amount. She is a widow since last 30 years. 

 

I understand as per the rental rights of Mumbai rented flats, the landlord gives a huge compensation for vacating the house or gives a house when he rebuilds the building. I suspect that my brothers may act in such a way that the 3 daughters may not inherit anything when the flat is surrendered to the landlord and he pays the compensation.

I wish to know the following:

 

  1. Whether I have a right to my share if a) my mother does not make a will and b) my mother makes a will and specifies her choice of inheritance
  2. Can the children of my father's brothers claim a share since long back they had stayed togther as a joint family ?
  3. Whether one of my brothers who pays the rent can claim that he alone is entitled to the sum to be paid by the landlord ?
  4. Are there any other legal angles to it not covered by me ?

I would be thankful for a detailed feedback.

Thanks.

 

Shalini C



 1 Replies

Laxmi Kant Joshi (Advocate )     17 July 2014

shalini as you are living in a rented home , your mother has no right over that house hence she can not make her will for that property and you all have no legal rights to claim share in it .

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