A family in India has 4 surviving brothers and 6 married sisters. Sadly, one brother passed away, leaving his wife and daughter residing on the family property. The surviving brother claims sole ownership based on a will from his mother, but refuses to share it. Can the widow, a senior citizen, file a case to claim her share of the property? Additionally, can she legally register her position to live on the property, especially since she has no son?

Apni Law
Apni Law
Law Forum › Category: Property › A family in India has 4 surviving brothers and 6 married sisters. Sadly, one brother passed away, leaving his wife and daughter residing on the family property. The surviving brother claims sole ownership based on a will from his mother, but refuses to share it. Can the widow, a senior citizen, file a case to claim her share of the property? Additionally, can she legally register her position to live on the property, especially since she has no son?
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Apni Law Staff asked 3 years ago

A family in India has 4 surviving brothers and 6 married sisters. Sadly, one brother passed away, leaving his wife and daughter residing on the family property. The surviving brother claims sole ownership based on a will from his mother, but refuses to share it. Can the widow, a senior citizen, file a case to claim her share of the property? Additionally, can she legally register her position to live on the property, especially since she has no son?

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Apni Law Staff answered 3 years ago

Yes, the widow can file a case to claim her share of the property. Under the Hindu Succession Act, she is entitled to a share as a legal heir of her deceased husband. Additionally, she can legally register her position to live on the property, even without a son, as she is entitled to residence rights as a widow.

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