Hello sir , there were two legal heirs of your GM your uncle and your mother .. After her death property is transfered to them both equally.. You can claim the share of your mother , and not that of your uncle as she did not left any WILL declaring you as the legal heir.. You have to file suit for declaration in court in order to claim your share in the property
Property dispute
I have a property on my maternal Grand Mother's Name. She has passed away this year unfortunately she couldn't transferred the property to my name as she faced a heart attack and her last wish was to gift her property to me. Her legal hairs only son(my uncle) and doughter(my mother) passed away long time back about 10years. From that day she was living with us and the property is being maintained by us the water and property tax being paid by us. My uncle has got 3 children who never looked after her after my uncles death. now they want that property to be transferred to them and for the same they have requested for mutation. what actions i would need to take to get the property to be transferred to my name.
Asked 8 years ago in Property Law
Religion: Muslim
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
Your uncles 3 sons and you all are legal heirs of your grandmother's property
1) on demise of your grand mother your mother and uncle are the legal heirs
2) on demise of Uncle his share wound devolve on your aunt and his 3 children
3) your mother share would devolve on you and your siblings
Unfortunately the wish of the owner of the proeprty at the time of death does not matter at all and since she had died without any Will then her proeprty will devolve upon her legal eris which include you and your cousins equal share.
So whether your cousins had looked after or not their right of share equally with you can not be denied.
Hence talk to them and settle the dispute amicably by way of mutual deed of partition.
Hi
The property of your maternal grand mother will legally be vested with her legal heirs.
Since both your uncle and your mother are no longer alive, in absence of a WILL by your maternal grand mother, the property of the maternal grand mother will vest in equal shares with your uncle's 3 children and yourself(property divisible in to 4 shares)
However if you want to claim all of the property to yourself, then
a) you should file a case stating that your grand mother was disowned by her son's children subsequent to the demise of her son and that you were taking care of your grand mother. It will be great if you can submit proof of you taking care of her (medical bills, house accomodation, food expenses etc)
ALTERNATIVELY
b)If you can demonstrate to the court to that your grand mom's wish (it can be an oral will also duly stated in court along with 2 witnesses), then you can claim all of the property to your name based on Oral Will..
So technically if you wish to claim all of the property to the exclusion of your cousins,
a) you need to prove and demonstrate the factum of the demise of the father and
b) Prove that the last wish (Oral) of your grand mother was to bestow the property in your name.
Hope this information is useful.
You cannot inherit this entire property, whereas you're entitled to inherit the share of your mother in this property.
If your maternal grandfather was not alive as on the day of death of your maternal grandmother, 1/2 of this property is liable to inherited by you
as your maternal grand mother died with out leaving any will and without transferring her property in your favour, the said property will be divided as per Mohammedan succession act.
so far my knowledge goes there is a provision of ORAL GIFT in the Mohammedan Law.
in that event you may apply that provision as your grand mother had intention to gift it in your favour.
in that case you have file a declaration suit by arranging some witnesses who will say that she made gift orally in your favour.
You do not have any rightful claim on the property of your maternal grandmother.
It will devolve upon her legal heirs as per the Hindu Succession Act and as per which the some of the mother has no right.
Her wish to gift the property shall be of no use for you.
Regards
Dear Client,
From where ur Grand Mother acquired the property, self acquired or inherited.
Under law of succession, property devolve in ur mother and uncle by equal share. U being son of pre deceased daughter, haves ur mother share, So, at least 50% share in the property owns by u,
U can claim payment from uncle`s sons, amount u invested for upliftment / maintenance, tax etc and also if any medical cost or special cost beard by ur family on ur grand mother from her property i.e. rest share an don this basis u can also seek order stay from any mutation.
Also, mutation in revenue record do not give any title in the property,
The property left behind by your maternal grandmother shall devolve equally on all her legal heirs if she is reported to have died intestate.
Accordingly her children consisting her son and daughter are entitled to one half share each.
Since both of them are not living anymore, their respective legal heirs shall be entitled to acquire their share in the property.
Therefore you will be entitled to a share out of your mother's share in the property left behind by your grandmother.
You cannot expect the entire property to be transferred to you.
