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Palani Murugan (Bussiness)     19 June 2015

Widow mother rights in divided sons property

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Hello Legal Experts- Person X holding certain land asset with his name and he expired suddenly. Now person X legal heirs are  Person X - 1. Widow Mother, 2. Wife, 3. Son, 4. Daughter1  5. Daughter2. Now mother is 80+ years old and asking equal share from person X land asset.

But his mother and father was holding certain shares when the actual divison happened from Person X and his brother, father and mother. Now still she expects another share from person X.

So kindly advise is there any chance where Widow mother can write UYIL or anything to anybody else without NOC/agreement from remaining four legal heirs? BTW we are in south india.

thanks in advance for your assistance!!

 


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 6 Replies

Kumar Doab (FIN)     19 June 2015

It is believed that the deceased owner was Hindu and has died without leaving WILL.

Mother is ClassI legal heir of his deceased son and has equal share.

She can relinquish her right in favor of any one thru Registered deed.

 

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Palani Murugan (Bussiness)     19 June 2015

Thanks a lot for your quick reply. Yes- the legal heir is Hindu. 

 

"without leaving WILL" - could you please elobrate? what it mean. Sorry to ask basic.

 

 "She can relinquish her right in favor of any one thru Registered deed."  - could you please confirm whether she can favour the property without remaining four hiers NOC?

 

Thanks again!!

 

Kumar Doab (FIN)     19 June 2015

'WILL' is Vasiyat.

 

Any ClassI legal heir does not need any permission to seek partition of the proeprty.

 

 

Palani Murugan (Bussiness)     19 June 2015

I beleive this rule is same for Person X wife,son and daughters right?

Kumar Doab (FIN)     19 June 2015

All ClassI legal heirs have equal rights.

saravanan s (legal advisor)     19 June 2015

dear mr.palanimurugan .if x had died without writing will ( uyil ) then all class 1 legal heirs get equal shares in the deceased property.

But his mother and father was holding certain shares when the actual divison happened from Person X and his brother, father and mother. Now still she expects another share from person X.

whatever previous share x mother had got through partition doesnt prevent her from getting her legal share in x property.

she can give her share to anyone she wants by any means like writing a uyil,making a dhana pathiram while she is alive,can even sell it,she is free to do whatever she wants.she dont need noc from other legal heirs to do this.

if family partition couldnt be done due to some reasons any of the legal heir can file a partition suit and claim their share in the property and again the other legal heirs cant prevent him/her from doing so.


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