Legal Question in Civil Rights Law in India
my father have 2 property in his name(my mother and father earn this property) we are hindu family , he expired without will . we are 2 brothers and 1 sister all are married . we obtained legal heir certificate from government , my mother and 3 children�s are become legal heirs. 1st property has house(house constructed in half of the land) another one is empty land property. now my mother want to stay in the house & she want to transfer that house only to her name she told us to divide rest of the land & same way divide in 2nd property also .1 heir tells ok to mother interest and others telling no to that .but mother still standing on her point .how to solve this issue? ,my mother has rights to ask house to live for her rest of her life & transfer to her name ? ,kindly advice me on this .
2 Answers from Attorneys
as per law, any of the legal heir may claim partition and your mother cannot claim a house exclusively to her. moral footing is different.
She may be entitled ONLY to her share in accordance with the law of inheritance.
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