Legal Question in Family Law in India

If your mother is absolute owner of the property, you and/or your brother have no right. After your mother's death, inheritance will be determined on the then obtaining situation and also on WILL, if any, she may leave behind.

You may get your share through litigation.

The Law is the indispensable tool provided by the government of India to the peoples of this nation, thus, you have fundamental and legal rights, nobody or any government or non-government institution or body can deprive you of your rights. But the law will not support you unless you will not reach at the appropriate form.

The laws are for the benefits of the people in this nation, to save the people from any discrepancies, so don�t avoid the law, give your assent and contribution into the law, the law will give you please.

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If your mother is an absolute owner of the property then she can give it to anyone she wants to be it you your brother or any third person through will .

The property which is entitled by the woman in her lifetime is considered as her separate property and neither her husband nor her children have a claim in it. She is free to dispose the property by way of will or gift as she like it.

Section 14 of the Hindu Succession Act states that, possessed by a female Hindu, whether acquired before or after the commencement of this Act, Marriage Act states the general rules of succession in the case of female Hindus. According to section 15, the property of a female Hindu dying intestate shall devolve firstly upon sons and daughters and husband and then in order as stated in the Act.

However, during the lifetime of the woman, the property would be regarded as her separated property, and neither her husband nor her children can claim any share in the property. However, if it is ancestral property, the share would be equal to what your brother would inherit. So whether you have a share in the property belonging to your family or not would depend on the question as to whether the property is ancestral property or a separate property belonging to your mother.

You should consult an expert in this regard. You can call me at 09555 507 507 or send me a mail at [email protected]

�Regards

Advocate Pooja

www.lawkonect.com