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Msk-need -nuetral- laws (self)     13 October 2016

Property law dispute between mother and son

Dear Learned advocates,

Here is the summary of ths situation. My brother-in-law ( who has two brothers) is in dispute with his mother in a property. His mother has two factories which was bought by his father but at the time he registered in both his name ( father) and his wife name( mother). He passed away without attesting a will.  Now his mother wanted to give both factories only to his other two sons (My BIL 's brothers) and refusing to give it to him any due share. She feels since he is educated he can manage but no other two sons without that factory. Now what are the chances for my BIl to go to court to claim his rights of share since the half of the factory is in his father name. Another point what are the chances that if we establish a fact that it was duly earnt by father and only registration was done on mother name.Can we claim a share in other half of a mother. We are thinking to go for a litigation. And since it is not a self earned property of her, what are the chances for my brotehr-in-law to claim his share. Please explain us



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 5 Replies

Kumar Doab (FIN)     13 October 2016

Which personal law applies in this case;Hindu! Confirm!

The land is registered in whose name?

The factory and business is in whose name?

 

 

Msk-need -nuetral- laws (self)     13 October 2016

Thank you Mr Kumar. We are hindhu family. The propety is jointly registered on both mother and father name

Msk-need -nuetral- laws (self)     13 October 2016

The factory was not yet registered and there have been no taxes paid by them so far!

Kumar Doab (FIN)     13 October 2016

The father's ( Hindu male) share shall devolve upon ClassI legal heirs i.e; Mother, spouse,sons, daughters.

 

Husband can give his income to wife.

It might become her absloloute proeprty.

 

 

Kumar Doab (FIN)     13 October 2016

The father's ( Hindu male) share shall devolve upon ClassI legal heirs i.e; Mother, spouse,sons, daughters.

 

Husband can give his income to wife.

It might become her absloloute proeprty.

 

 


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