• Can deceased father's siblings claim his property

Can deceased father's siblings (sisters and brothers) claim his property given to him by his mother in the form settlement deed?
will father's mother have share in the property after his death,which was given by her in the form of settlement deed?
can deceased father's siblings claim share of property through their deceased mother?
year of settlement deed ; 1978
Date of death of my father;1.8.94
year of death of my grandmother (father's mother);1997
Asked 2 years ago in Property Law from Vellore, Tamil Nadu
1) No . i presume gift deed is duly stamped and registered 
2)Yes . on death of your father his mother would be one of legal heirs 
3)Yes on her death her share would devolve on her children ie your father brothers and sisters too .
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
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as advised tephonically married daughters would be eligibile for share in the property . they can inherit the share of mother
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
i have advised you consult a local lawyer in bangalore . it is necessary to go through the settlement deed made by your grand mother . on your father death is share would be divided among legal heirs ie his wife , children and mother .
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
father died in 1994 . mother died in 1997 . hence mother is one of the legal heirs of father. on her death her share would devolve on all her children
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
If the property has been given by an instrument such as gift deed and the deed is stamped then the transfer is absolute and cannot be questioned by the siblings.

Was a will made by father during his life time? If no, his mother would have an equal share along with other heirs in his property after his demise. 

After the demise of mother her children will succeed equally to her share in the property which was gifted by her to one of her sons who predeceased here.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
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Marriage of daughters has no nexus with their proprietary rights. Marriage does not operate as a bar to their lawful share in the property.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
Consult a lawyer personally by showing him all the related documents so that he may apply his mind and acquaint you with the legal position.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
we have replied you at length . mentioned that your grand mother would have 1/3rd share in property as her son predeceased her . she would be a class 1 heir along with your mother ,  you and your siblings
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
We have acquainted you with the legal implications concerning property rights stemming out of the death of son before his mother. You are now free to form an opinion on the basis of your own sources of information.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
we do not comment on opinions expressed by others . in any case the said author has reiterated "Upon a Hindu male's death, the right of succession first devolves upon the Class 1 heirs, if any. If even one such heir exists, all other relatives who do not fall within this category are excluded automatically"
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
The share of mother will go to all legal heirs. 

Property can be divided only as long as it undivided. Divided property cannot be divided further.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
share of mother will go to all legal heirs. her share will go to all your father bothers and sisters ie siblings
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
you are repeating your query . please contact a local lawyer and on payment of his consultation fees decide your next course of action 

query is resolved .
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0
Free legal advice must stop at some point. Contact a local lawyer personally now and obtain further advice from him after payment of his consultancy fee.
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
24742 Answers
1327 Consultations
5.0 on 5.0

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