• Women property right

My great grandfather's property is divided among his 4 sons. My grand father got his share from that property. My Grand father has 3 daughters and 1 son (My uncle). My mother who is daughter of my grand father and died in 1984 at my 6 years. My grand father died in 1997 with out writing any testimony. After my mother's death, me and my sister don't have any contact with my maternal uncle. My maternal Uncle is acting as guardian and announced as a property owner and he converted some of the portion to his sons name. After my mother passed away, he gifted some portion of land to my both mothers's sisters (2) so that they can't claim on that property and he ignored me and my sister and didn't informed us about the same. Will it be possible to us to claim on this property and ask for a share.
 In case if my uncle reject to identify us as legal heirs, do we need to prove that we are legal heirs? ( As we both are kids when mother's died, we don't have the exact dates of my mother's death). How can we prove that we are legal heirs? Please let me know if you need more details. 

Thanks,
Asked 7 years ago in Civil Law

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8 Answers

1. iIt is not clear how your mother became owner of the properties which your uncle seems to have illegally transferred the same.

2. However if your mother was owner of few properties which she left at the time of death, you and your sister became its joint inheritor.

3. Now if your uncle became your guardian then he cannot sell the same without taking permission of the court as long as you remain minor.

4. Now on attaining majority you can file suit for setting aside the same.

5. So take information of those transfers and file a suit accordingly.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

It is your duty to prove that you are the legal heirs of your deceased mother and also to provide the date of death of your mother including her death certificate.

The court will not come to your rescue on this issue.

You can very well seek partition and separate possession of your mother's share in the property that was left behind by your deceased grandfather and now in the custody of your maternal uncle.

There is no time limit for seeking partition.

Since the property was on your deceased grandfather's name and he is reported to have died intestate, your mother's chrae in the property can be claimed by all her legal heirs jointly.

T Kalaiselvan
Advocate, Vellore
84721 Answers
2172 Consultations

5.0 on 5.0

1file suit for partition for claiming your mother one fourth share in the property

2) seek injunction restraining uncle from selling the properties

3) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1) your birth certificate, ration card would indicate that you are the legal heir

2) if necessary obtain legal heir certificate

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

To be practical and proper, you first file a partition suit based on the documents that you are the daughter of your deceased mother and seek partition and separate possession of your share in the properties now you are seeking partition.

Let your maternal uncle state before court that you are not the daughters of your mother, will he do so?, I dont think he will dare to deny you the daughter of his own sister.

Dont worry about the witnesses so soon, you can rope in some witnesses if there arises a need for it in the later stage.

T Kalaiselvan
Advocate, Vellore
84721 Answers
2172 Consultations

5.0 on 5.0

1. Your mother was entitled to her equal share of the property of her father.

2. After the demise of your mother, intestate, her all children including you will have equal right on her share of her father's properties.

3. File a partition suit before the Civil Court praying for your share of the property making all of them parties who have acquired shares of your grandfather's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

You shall have to obtain legal heor certificate from the local tehshilder or councilor of local Municipal Corporation.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Upon the intestate(without executing WILL) demise of your grandfather, the property would devolve equally to his spouse(if alive) and children.

2. In the instant case(as per your narration), the property shall devolve equally to 3 daughters and a son. In other words each person is entitled for 25 percent share in the property. In case of deceased legal heir, her property would be subdivided to her spouse (if alive)and her children. That means to say you and your sister along with your father (if alive) put together are entitled to 25 percent share in your grandfather's property.

3. You are fully entitled to claim your share of the property from your uncle.

4. If your uncle doesn't recognise you & your sister as legal heirs, you can obtain Legal Heirship Certificate from the jurisdictional revenue office or certified Family Tree from the Tahsildar. If it doesn't suffice, you can get Succession Certificate from the Court.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

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