Your mother can claim share in her ancestral property from her parents side. The Supreme Court has held that daughters who were born before the enactment of Hindu Succession Act 1956 are entitled to equal shares as son in ancestral property.
Is brother a legal heir?
After the death of your brother your mother will become the only legal heir of his properties. More over the property was registered in your mother’s name, in such a situation your brother in law has no legal right over the property and he could not claim to demand the property to be registered on his son’s name.
When did my mother leave the property to my brothers?
Q When my mother passed away in 2012, she left her property to me and my three brothers – the deeds have been changed accordingly. One of my brothers has lived in the property for around 25 years.
How long has one of my brothers lived in the House?
One of my brothers has lived in the property for around 25 years. We all had a verbal agreement with my mother that he could live there as long as he needed to. We understand that one of my other brothers is now seeking to sell the house. Can he sell his share or borrow against it, and can he force the sale of the property?
What should I do if my brother inherits my Mother’s House?
If your brother were to go to the expense of going to court, it would be wise to use a solicitor yourselves who would be able to advise on how to formalise the verbal agreement you had with your mother about her wishes for your other brother to use the property as his home after her death.
What happens to assets if an heir passes away?
If heirs pass away and it’s not a simultaneous event, the heirs cannot inherit any assets under the succession laws, unless that heir has children. In some instances, the children of a deceased heir can inherit the assets of the decedent.
