Respected Sir/Madam, My father elder brother has no children and he is not mentally stable. He is not able to read or write. However, his brother-in -law somehow has took GPA and a filed case for procession right on ancestral property on behalf of him.Does above one stands legitimate. After my uncle's death does the ancestral property will pass to his wife. Even though he is not in state of writing the will. If she has right does we hold any rights to buy back that property. Kindly help us how handle above situation Note; The ancestral property has not been divided between my father and his brother.
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On demise of uncle his widow would inherit property standing in his name
2) it is better you enter into deed of family settlement during uncle lifetime for division of property by metes and bounds
3) as far as suit filed by BIL is concerned it is necessary to peruse the same to advice
Hii, as per Hindu succession act after the demise of your uncle , his wife and children are legal heirs to his property .. But if brother in law has obtained GPA through fraud and forgery , it's a criminal offence and you can file a police complaint regarding it
If your uncle is mentally unstable, and he's incapable of giving his consent, the GPA in question is bad and you must file a suit for it's cancellation. Any further action on the basis of the said GPA is also a nullity.
Wife does not have any right in the ancestral property inherited by the husband. So you're aunt isn't entitled to get anything out of this ancestral property.
You should file a suit for cancellation of the GPA.
Any document obtained from a person who is mentally unstable is void abinitio (from the beginning) and therefore your uncle cannot claim any benefits from such a document.
Secondly since the ancestral property is undivided, you as grandchildren can file a suit seeking partition by metes and bounds.
You can implead yourself into the suit filed by your uncle claiming possessory rights over the ancestral property and you can effectively defend the same.
The other questions raised by you do not arise for consideration as your uncles claim is illegal.
The property that belongs to your paternal uncle shall automatically pass on to his class I legal heirs considering his wife and children.
In the absence of his children, the properties shall devolve on his wife.
Once the property vests on his wife after his lifetime, it becomes her own and absolute property.
Neither you nor anyone has any rights on it during her lifetime.
You cannot claim any rights in it including the rights to purchase the property in her possession even though it is your ancestral property, because they also have equal rights in the ancestral property similar to you.
