• Domestic Violence Act Women's right in property

Hello Sir/Mam
My question is that my mother filed a domestic violence case on my dad bcoz he used to beat both of us. Me & my mom are staying at my maternal grandmother's house from last 1 year. Now my father passed away in d middle of the case without writing any will. Do we have any right in his self earned property?
Asked 2 years ago in Property Law from karnal, Haryana
the property will be divided between all legal hiers
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
case will come to close or you also can make statement in court that you want to withdraw the complaint,for share and possession give the legal notice to your uncle and file a suit for possession
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
no time limit can be described as it depends upon the facts of cases
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
since he has the possession for the last so many years,it is advised to follow proper procedure through civil court and under the protection of law
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
do not worry ,the cause of action is in your favour
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
in respect of your father self acquired property you and your mother are the only legal heirs . since your father died intestate obtain letters of administration from court in respect of said property . 

2) file suit for possession against your uncle . in said suit ask for appointment of court receiver for said house pending hearing and final disposal of suit
Ajay Sethi
Advocate, Mumbai
24806 Answers
1331 Consultations
5.0 on 5.0
she is your maternal grand mother ie your mother mother . she is not a legal heir to your father property
Ajay Sethi
Advocate, Mumbai
24806 Answers
1331 Consultations
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yes she can claim her 1/3rd share . i t  is immaterial whether she stayed separately and has her own house or not
Ajay Sethi
Advocate, Mumbai
24806 Answers
1331 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
24806 Answers
1331 Consultations
5.0 on 5.0

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