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My wife left our baby boy and me about twenty-five years ago and married another person. I divorced her later. I gave my son good education and over a period of time he started earning very well and purchased a property valued at over Rs. 25 Lakh. However, he met with an accident and died. He was not married. Now his mother is claiming the property. Please let me know whether or not she has a right to the property?

- by Ramesh, Mysore

Though her action was unfair, as per the Hindu Succession Act 1956, mother is the legal heir to her unmarried son's property. Since your son died as a bachelor, his surviving mother has right over his property. The Mother-son relationship cannot be broken. Legally speaking, she has every right over the property irrespective of the fact that she left you twenty-five year ago and you divorced her later.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three broth¬ers, orally partitioned the parti¬tion. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?