Apni Law Staff asked 1 year ago
My father passed away without a will, leaving us four legal heirs – my mother and three brothers. We initially agreed to the tenant paying the full rent to my eldest brother, who would then share 3/5ths with our mother. However, disagreements arose, and my mother now wants the tenant to pay her 3/5ths share directly. The tenant agreed but wants all four heirs’ consent. My brother refuses to consent. Can my mother legally claim her 3/5ths share from the tenant? Does the tenant need all our consent, given my brother’s refusal?
Best Answer
Apni Law Staff answered 1 year ago
Yes, your mother can legally claim her 3/5ths share of the rent directly from the tenant. The tenant does not need all four heirs’ consent as your mother is entitled to her share as a legal heir. Your brother’s refusal to consent does not affect your mother’s right to receive her portion.
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