Yes, being class I legal heir of his father, your husband can file suit against his mother for the properties left behind by his father without making any Will.
The Hindu laws relating to inheritance of the property declares that property of a person after his or her death will be divided according to two mechanism:-
1. By will of the deceased person
2. According to Hindu inheritance laws
If the deceased person has made a will than the property will be inherited in the manner provided in the will whereas in absence of any will the property will be divided in the share of 1/3rd amongst the legal heirs of the deceased person
In this case the son of the deceased father has every legal right to claim his share of property and hence can file a petition regarding the same before the local district court within the jurisdiction of your property. However, in case their is a will already existing and if no share has been granted to the son by the deceased father than in such case there is no legal redressal available.
No, Your husband's mother property is her own individual property. Mother's property inherited from her father is not a HUF property and your husband has no simblance of right, title or interest in such property. So dont be greedy and stay away from her mother's property, you wont get any success.
If the property belonged to his father then he too has a share and hence he can demand a share or file a suit.
Yes, as a legal heir your husband can file a case against his mother for his share in his father's property. Your husband can file partition suit.
Adv Vinit J. Mehta
Yes your husband is class 1 legal heir of his father and having share in the property of his father after his death in the property. Your husband can file a petition against the mother and other legal heirs of his father for partition of the property if partition is not possible then court will direct the other legal heirs to pay the price of the share of your husband. If you want any further information or any other advice then contact me without any hesitation through administrator of this website
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