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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:- We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

Q:- My father owns a property in Bangalore. If consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor, my sister and brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem.

Q:- Can I make a joint will with my wife?

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I had signed as witness to a will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the will, but has seen my friend affixing his signature. Please advise what is my role?