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Rajni   29 March 2019

Mother passed away without making will

I am Rajni.  Day before yesterday my mother passed away.  To my parents we are two children. One brother elder to me.  Married with two kids.  I too married with one kid.  I could never go back to my moms house as my brothers wife did not like me coming there, whenever I go fights took place,  She always taunt me as I did love marriage.

My mother has two houses in her name.  My father is still alive.

My mother wanted to give one house to me, but before she could make will she died.

Now I am afraid I can never go to that house forget claiming my share.

My dad has no properties in his name but has onl cash.

I dont have anything in my name, no property nothing.  I have a daughter.

My husband forced me today to sign on blank paper.  I did not.

What if my husband throws me on road?  As mine is love marriage and my husband is Hindu.  I have been having hard time listening to his taunts and his mothers taunts.  I just want to secure my daughters future (she is 6)
How to go about asking share in property?

We are Kannada Christians.  Please do not think that what kind of woman is she, mother died just now. She is running behind property.  Only intent is I should not come on the road.  My husband sometimes listen to me, most times listen to his mom.  I did mistake of love marriage, that I realized only after marrying.  Now what is done cant be undone.  Just trying to secure myself and  my kid.

I dont even know whether I should go to a lawyer.  Can anyone suggest me on the above?

Thanks in advance..



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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     29 March 2019

Deae queriest, you have 1/3rd share in your mother's property.  so consult an experienced advocate having knowledge in property matters to file partition suit.

1 Like

Shashi Dhara   29 March 2019

As per Christian Ur father will inherit 1/3share and remaining will be divided between her children's equally. U confirm that if u have changed religion after marriage may effect u for inheriting mother's property. If Ur husband neglects to feed u and Ur daughter u may claim maintenance under sec 125crpc.ur daughter will get birth right if Ur husband has any ancestral property.
1 Like

Dr J C Vashista (Advocate)     30 March 2019

You are entitled for 1/3 share in the property left by your mother.

Consult and engage a local prudent lawyer (where property is situated) for filing a suit for partition.

1 Like

Rajni   30 March 2019

Sirs thank you for your response.  In my moms name there are two houses.  Each house measurement is different.  House 1 is 70 feet by 90 feet.  House 2 is 80 feet by 75 feet.  In house 1 my brother and his wife and kids along with my father stay.  All have told you wont get any share as you married hindu boy.

House 2 is given on rent on room (3 rooms) basis to college going students.  In the same house there are other 3 rooms 
Where PG accomodation is given to bunch of college going kids.  The income from it however till now was being taken by my father and brother.

How will this be decided?  1/3rd as stated by you all, how will court give me my share?  Will the court ask them to vacate the house?  Should I contact the police along with the lawyer?

Rajni   30 March 2019

Originally posted by : Shashi Dhara
As per Christian Ur father will inherit 1/3share and remaining will be divided between her children's equally. U confirm that if u have changed religion after marriage may effect u for inheriting mother's property.
If Ur husband neglects to feed u and Ur daughter u may claim maintenance under sec 125crpc.ur daughter will get birth right if Ur husband has any ancestral property.

No. I Havent changed my religion. Reg mrg.


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