Asked in Civil
On same page as that of your opinion / finding / conclusion. But, the prevailing law of the land gives share as details by you. However, this is one of a peculiar case. Yes whatever you said needs consideration, but HC & SC will only interpret and implement the enactment and making changes / amendments is beyond their domain.
As per current position, mother of deceased have right and share in properties of decease. If deceased executed Will Deed then no problem in his self acquired property
According to me right and law always must specific. and your thoughts is moral rights and law . according to me moral rights should not come before judiciary. supreme Court or high courts have only power to interpret the law. they have no power to amend the Act. so PIL before High court or Supreme court not helpful. it is better to discuss this matter with perlimanteary members.
Your thought is mind boggling and needs debate and filing of PIL before High Court or Supreme Court.
in person dies intestate Mother will get one share, this section will apply to self made properties only, so person has the absolute right to transfer his property when he is alive or he can wright will to person who he love most. for this way his property will never transfer to mother. the mother right mentioned said section is not loopholes. and in democracy , only the legislature can make law . judiciary has only power to interpret the law made by the legislature.
Being legal heir right of the Mother will not be extinguished simply with the peculiar circumstances. She will maintain her entitlement for her legal share in the property. Please give me Rank Five and follow me after reviewing my resume and contact me telephonically for further discussion and explanation if required.
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