Property was in mother's name, mother died, family details - father still alive age 75, two sons 42 & 37. Both sons married. 1st son age 40 with 1 daughter and wife. second son 37 - one son with wife.
Q1 - if the mother has not made any will then how it will be distributed?
Q2 - in case the mother has made a will unwillingly under pressure in elder son's name or his daughter's name then how the younger son can claim the share?
Asked in Property Law from Varanasi, Uttar Pradesh
1) Assuming you are governed by Hindu Law,the property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband.
2) Property of a female Hindu to be her absolute property,therefore can be disposed it off what ever manner they deem fit and can not be questioned it unless influenced by any fraud or misrepresentation.
1. The property will vest equally in all the children of mother if she did not make a will during her life time.
2. If it emerges that during the evening of her life mother was coerced to make the will then the same may be challenged by the younger son in a court of law. The court may strike down the will as illegal, in which scenario the younger son will be able to enforce his rights in the property.