All claims of your father would go to your mother you,your Brother and sister.
They are entitled not your grand mother and brother sisters of your father as per Hindu Succession Act 1956.
My father died while working on a ship. I have my mother, who is a widow now, and my grand mother ( father's mother ) lving in my house. I have an elder sister who is married. We may be getting some compensation from the company where my father was working. The house where I am staying is in my father's name, and he died instated. Additionally he own an appartment and small plot in his name.( All with out a will ). My grandmother is receiving her pension, which she uses for maintenance. My father has a sister and elder brother. Ths situation is that, my father's brother and sister is trying to claim a share from my father's death compensation and property, through my grandmother. How can my mother and I deal with this legally. We have no other sources of income as I am still a student.
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All claims of your father would go to your mother you,your Brother and sister.
They are entitled not your grand mother and brother sisters of your father as per Hindu Succession Act 1956.
Brother sister have no claim. You, sister, mother and grand mother will inherit 1/4share each in every thing.
And on grand mother intestate demise, her share will inherit in her chilren and your family equally.
Only way out is to convince grand mother.
THE HINDU SUCCESSION (AMENDMENT ACT), 2015 (KERALA)ACT 17 OF 2016 (Published in Kerala Gazette Ext No.1954 dt.10.11.2016)
Notification no 27974/Leg.F1/14/law
on grand mother demise her one fourth share would devolve on Her deceased son wife and children
After the death of your father, you, your sister and your mother are the legal heirs to claim compensation and property. Contact the concerned office and lodge your claim. It can be possible that in case you both brother and sister execute a relinquishment deed and authorise your mother to collect the claim. The brother and sister of your father has no right to claim provided they submit that there is no other legal heir of your late father. Once you applied for the same, the right of the brother and sister would vanish. As regards property of your father, you three are owner of the property jointly. However you both brother and sister can relinquish your share in favour of your mother by executing and registering relinquishment deed in favour of your mother.
Your father's brothers and sisters donot have any kind of right over the property of your father.
Serve them with a legal notice to step away.
- If the said house and apartment was purchased by your father , then after his death intestate , these properties would be devolved upon your mother , and other legal heirs of your father like you, and none having right over the same .
- Further your grandmother is only eligible to get pension for the maintenance of whole family .
- Further, the said brother and sister of your father are not having any legal right over the property left by your father , and also in the pension.
- Actually your fathers legal heirs like your mother & you(son till 18 years only) including grandmother is entitled to get the pension only .
- You and your mother should apply for getting mutation , after getting legal heirs certificate from the Tahsildar.
- Further , if they are creating problem , then file a Mandatory & Permanent Injunction case against your fathers brother and sister to evict them from the property and to restrain from selling the property.
Good luck and dont forget to rating Positively.
Your grandmother (father's mother) is also one of the legal heirs to your deceased father.
Upon your father's intestate death, your grandmother is entitled to an equal share out of the properties left behind by your deceased father.
If the terminal benefits of your deceased father settled by his employer shall be based on the nomination done by your father in his service records, and if your grandmother's name is not included in it, then she may not be entitled to any share in that terminal benefits amount.
However your grandmother is entitled to a share in your deceased father's immovable property since he is reported to have died intestate.
You may remain silent till she files a suit for partition seeking division of property and to allot her legitimate share in a court of law, let this case drag on for years in the court, where you can arrive at a compromise or can get the case disposed based on the eventual developments of the said suit.
On death of a male Hindu intestate if his class-I legal heirs are living then his class- II legal heirs can stake claim in the property of the deceased.
2. Therefore on death of your father you, your mother, sister and grandmother all would inherit all his moveable and immovable property in equal share.
3. In such context the claim of your uncle and aunt is unfounded and wouldn't be entertained in any court.
The property of your father belongs to his wife and children. They have absolutely no claim to anything. Ask them to vacate the premises if they are occupying it and obtain a decree by filing a declaratory suit.
1. IF Father has died intestate (without making any WILL), THEN "ALL" his properties shall be shared "EQUALLY" ONLY with Class-I Legal Heirs (which means Mother, Wife & his own Children only).
2. Father's Brother & Sister are classified as Class-II legal heirs and are legally NOT entitled to claim any property of your Father, in anyway, whatsoever.
3. IF Father's Brother & Sister are being non-cooperative in any manner whatsoever, the only remedy is to file a local Civil Court Suit and obtain restraining order against Father's Brother & Sister.
4. You may execute a registered "Release Deed" by taking mutual consent signatures of Grandmother, Mother and Sister and transfer all property of Father into your own name, for safety of your Father's property.
Dear Sir,
You are suggested to come forward through your mother and claim the compensation and other benefits of the father through mother only. Also, get the legal heir certificate made and then get the properties, i.e. house, etc. transferred on the name of the mother and you.
1. Brother and sister of your father cannot claim any compensation even through your grandmother.
2. You can ask your grandmother to giveup her rights in property of your father in favour of other legal heirs as you all are taking care of her and will take care of her in future also.
3. Death compensation will be given to nominee of your father mentioned in his employement records.
on demise of your father if he died intestate class1 legal heirs are Your Mother, Children's and Grand mother.