Do I have a legal claim to my mother’s house?
I have one younger brother. My father expired in 2008. My mother became a legal heir and got his pension and gratuity etc from his office. With that money she purchased a house in 2010. In 2014 I got a job in my father's office on compassionate grounds. Do I have any share in the house purchased by my mother using my father's death benefits, or not?
Whether you have a share in the house purchased by your mother with your father’s death benefits depends on property classification under inheritance law. Since the house was bought with your father’s pension and gratuity, it is generally considered self-acquired property in your mother’s name, rather than ancestral property. In most cases, when a surviving spouse (your mother) receives these benefits, they are treated as her personal funds and can be used at her discretion, including purchasing property solely in her name. As such, legally, you would not have an automatic claim to this property while she is alive. However, if your mother decides not to make a will, the property would, upon her passing, be divided equally between you and your brother as you would be her legal heirs.
Sir, as a legal heir you may have rights depending on local laws but if the house is solely in your mother’s name then she has control over it. It is advised to consult an expert lawyer who will assist you on your share and potential claims in the future. For further legal assistance contact us on our helpline number.
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