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rupa (engineer)     19 September 2013

Rights of mother in father's property

My Father died recently few years back. we are two sons and two dauthers. Now the house of my father is in all of our name including mother. My mother and one brother is staying in that house. Another brother is telling he ll get stay order to move them out of the house? Is it possible? Doesnt my mother has full rights to stay in that house?



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 2 Replies

Pradeep (na)     19 September 2013

Dear Rupa,

    I am not lawyer, but I would say children has to listen to mother and ensure her remaining days are peaceful and fulfilling. Though law says Mother and children are equal, but I am sure if you go to court things will only get delayed or will be ruled in favor of your mother.

    Assuming your father has not left a will, I should say there are numerous families in this situation, best is to go for family settlement under mother's guidance. In absence of father, mother is tallest. Unfortunately law treats Mother on par with kids resulting in disputes and indifferences among the family.

    Go home and listen to your mother, ask your siblings to do the same and ensure mother is happy.

Regards,

Pradeep

Arunkumar ( )     19 September 2013

Dear Rupa,

Assuming that your family is Hindu and there is no will written by your father, then your brother cannot move your mother out of your house. Your mother has equal right as all four of you, in fact your paternal grandmother is eligible for an share in the property.

Further, if your mother has no self income, she can even claim maintenance from your brothers for livelihood under the maintenance and welfare of parents and senoir citizens act, 2007.

Regards,
Arunkumar

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