Legal Question in Civil Litigation in India
my mother 's property
my mother has 7 children , 4 son , 3 daughter. one son is mentally retard , 3 daughter has married. 2 sons married. i am last one not married. my mother property is came from her mother. detail of property is 21 cents,68 cents,20cents ,83.50 cents. in this all lands from declaration land. But 21 cents land is purchased land of mothers mother. wheel is made before the death of her mother and given full rights to my mother. in this case my brother is suffering from liver cirrhosis and he died in september 2,2012. He has no children. His wife is went to her mother house. Now 21 cents land is acquired by national highway.The compensation is 23,50,000 .Now my brothers wife is asking the part in the amount of 23,50,000. And also given the objection letter to highway (AC office).In before we are made kaviat in civil court. Also copy of kaviat is given to the highway (AC office).
Now my question is-
my mother is telling to her i am not giving the share from 23,50,000 because this is my mothers own purchased property i want to build my house.
I am giving the share in other lands.
1. what happen if my mother not giving in the share of 23,50,000 to her.
2. what happen if my mother not giving any share of other lands to her.
Please also give the ideas for how to not give any share of property to her .
My brother is (died) made so many loans over the property. Now all is over my mothers head.my mother is aged 70 years .
1 Answer from Attorneys
This property has becomes your mother self acquired property from her mother. None of you 7 siblings had or have any share in the property but if your mother dies intestate then all of you had 1/7th share in her property and that includes your deceased brothers widow.
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