Legal Question in Civil Rights Law in India
how can son claim the father's property without a will?
my father in law has left a house for the son but just by a word of mouth.my mother in law is still living. the 3 sisters have got sufficient help & favour from father in his life so much that he had nothing left for the son except the house.the papers are still in father's name.how can we ensure that the son get the sole ownership of the house?please suggest.
3 Answers from Attorneys
Re: how can son claim the father's property without a will?
After death of father, all his children and widow may inherit equally. However, if he so desires,the father may execute will in favour of the son excluding the daughters, provided the property is self acquired by him and NOT ANCESTRAL.
Re: how can son claim the father's property without a will?
all the sisters along with her brother entitled to an equal share in the father's property. your husband cannot refuse to give their share on the ground that money was spent on their marriage etc.
Re: how can son claim the father's property without a will?
The son, mother and the sisters have equal share in the property and therefore the son cannot claim sole ownership on the house. In the absence of a will the property of the deceased will devolve upon the widow of the deceased, his sons and daughters.
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