My unmarried brother expired during 2018.My father also predeceased him.My mother is alive .we are three children to our parents . My sister also expired. Who is legal heir to my brother.I applied for legal heir ship certificate for my mother only to apply for the his service benefits.Shall I have any right over my brother's service benefits. Please inform 2. My brother paid 20 laķhs to a builder at thirunelveli for acquiring a house but expired before registering in his name .Now it is registered in my mothers name .but the registered documet is with my brotherinlaw.He refuses to give the document. He wants to register the house in his son name. How can i deal with it. 3.My mother ( 82 years old already broken her hip and after surgery managed to walk with some difficulty in home alone. She insisted living alone at thirunelveli she is threatning me with suicide if i dont allow her. My brother in law and my mother's brother is manipulating her to live in that housewith the sole intention of grab the house and money.It is also pointed out to my mother it is not good to live in distant place as I am the only caretaker now it is difficult to give any help in case of emergeny she is very hostile towards me though she lives with me .I fear my brotherinlaw and my uncle will contine to create the problem.My mother is wlling to play along with them .In this circumstances how I will handle the situation. Please advice.
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On demise of bachelor brother your mother is only class 1 legal heir
2) the flat has been rightly registered in mother name
3) mother is free to bequeath the flat to whosoever she pleases
4) if mother died intestate you would be one of legal heirs
5) convince your mother to execute gift deed in your favour
6) gift deed should be duly stamped and registered
1. Your mother has the right on the service benefits of your deceased brother.
2. The said property now starns in the name of your mother being the legal heir of your deceased brother. If she does not want then your brother in law can not get it transdferred in favour of his son. Your mother can lodge a missing diary about the loss of the original title deed and/or register a gift deed in your favour, if she so wishes.
3.Your mother being the title holder of the said property is the main person here. If she does not want the property to be given to you or wishes it to be gifted to someone else, you have no legal recourses during her lifetime.
Your mother is legal heir to brother.
No you shall not have any right only mother shall have
2. File a police complaint and take certified copy of the document from registrar office and further give brother in law legal notice.
3. Ask your mother to make a registered will in your favour take care of her.You need need to handle it with atmost care and affection as if she transfer property then nothing can be done.
1. Your mother alone will be the legal heir to your deceased unmarried brother.
2.. As the property is registered in your mother's name, your brother in law cannot demand the propertyto be registered on his son's name, it will be illegal, a criminal complaint can be lodged against him for keeping the title documents in his possession and refusing to return to the current owner i.e., your mother.
3. If you feel that your brother in law and uncle are interfering in the affairs of your househiold, you may issue a legal notice instucting them to refrain from interfering in your househoild affairs or trying to disrupt peace in your house.
After that you can lodge a criminal complaint against them for their alleged activities which are detrimental to your welfare.
Your mother would be the legal heir of your brother and would take his entire estate
As she is a class 1 legal heir under Hindu Succession Act, she will exclude all other legal heirs falling outside class 1
For original registered document, your mother needs to lodge a police complaint
As the house is registered in your mother's name, she being the owner, she can do anything she wishes with her property
Her children have no right during her lifetime
If you feel that she will be manipulated, you need to shift where she resides rather than asking her to shift with you
This is what even the courts will say. The court cannot direct your mother to shift with you. Rather it will ask you to shift with her at her place where you can take care of her and discharge your moral duties as child
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. If he made any threat then available remedy is to file a police complaint against him.
Dear Client,
Mother is only heir to deceased brother property. Manage to get WILL execute in you favor or gift deed or after her intestate death, you will be sole owner.
1. Since your brother died unmarried his mother is his Class 1 legal heir, hence she succeeds absolutely to his entire self acquired and separate property.
2. You have no right over the service benefits of your brother, only his mother can claim it.
3. If your father has died intestate in respect of any property then it has devolved on his widow and children equally. You are free to file a suit for partition to cull out your share therein.
4. If your mother has chosen to not to reside with you then no court can force her to do otherwise.
