the property will be divided between all legal hiers
Domestic Violence Act Women's right in property
Hello Sir/Mam My question is that my mother filed a domestic violence case on my dad bcoz he used to beat both of us. Me & my mom are staying at my maternal grandmother's house from last 1 year. Now my father passed away in d middle of the case without writing any will. Do we have any right in his self earned property?
Asked 10 years ago in Property Law
11 Answers
And what about the case which is going on? And my uncle (father's younger brother) is having the possession of keys & documents of our house and he is not ready to give them to us. What sould we do?
Asked 10 years ago
case will come to close or you also can make statement in court that you want to withdraw the complaint,for share and possession give the legal notice to your uncle and file a suit for possession
How much time it will take approximately to get the possession back if i file a suit against my uncle?
Asked 10 years ago
no time limit can be described as it depends upon the facts of cases
Okay thanx a lot sir.
Asked 10 years ago
my pleasure
Just one more question sir. Wht if we enter the house somehow & sit inside? Coz i dont think my uncle has any right to file a suit against us if we do so. Coz he is not the legal hier of the property.
Asked 10 years ago
since he has the possession for the last so many years,it is advised to follow proper procedure through civil court and under the protection of law
Okay sir.
Asked 10 years ago
do not worry ,the cause of action is in your favour
Thanx
Asked 10 years ago
my pleasure
in respect of your father self acquired property you and your mother are the only legal heirs . since your father died intestate obtain letters of administration from court in respect of said property .
2) file suit for possession against your uncle . in said suit ask for appointment of court receiver for said house pending hearing and final disposal of suit
But my grand mother is alive. Isnt she a legal heir too? Although she never lived with us but can she interfare for her share?
Asked 10 years ago
she is your maternal grand mother ie your mother mother . she is not a legal heir to your father property
No i m talking about my father's mother. She is also alive. She lives in a separate house. Can she claim her share?
Asked 10 years ago
My father's mother is a legal heir according to Hindu succession act class 1 heirs. But i want to ask that she is living separately, she has a house on her own name, she never lived with us when we used to stay with my father. Can she still claim share in my father's property?
Asked 10 years ago
yes she can claim her 1/3rd share . i t is immaterial whether she stayed separately and has her own house or not
Okay i think that is the reason my uncle isnt giving us the keys and documents of the house. Anyways thanx sir.
Asked 10 years ago
thanks for your appreciation