On mother demise her 50 per cent share in property would devolve on you
file suit for partition for division of property by metes and bounds
seek injunction restraining sale of property by uncle
Rights of married daughter
Sir, I am 32 years old and residing in Tirupati, A.P. I would like to set forth the properties of my grandparents first. 1) Self acquired property of my grandfather that he registered in my grandmother's name: A house in town with attached vacant plot. 2) Self acquired property of my grandfather: a vacant plot in town. 3) Ancestral property of my grandmother: agricultural lands. My mother, who is their second daughter was married in 1984/85 but she had been separated from my father from only a month after marriage without getting divorced. She had been living in my grandfather's house ever since till her death in 2019. My father obtained divorce from her only a few months before her death. I was born and raised and have been living in my grandfather's house all my life. I'd like to know if my mother had any legal claim to any of my grandparents' properties after their deaths: my grandfather in 1995 & my grandmother in 1998 respectively. My grandparents didn't leave any will or any document to dispose their properties.They died intestate. Her only rival claimant is my maternal uncle, her younger brother. Since my mother died in 2019, do I have any legal claim on my grandparents' properties as her only son and legal heir? My uncle claimed the properties for himself saying that I didn't have any legal right on any of my grandparents' properties. He's asking me now to vacate the house. Kindly clarify.
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
Your mother is entitled for a legitimate share equally at par with her brother in all the properties and as her only surviving legal heir you are entitled to inherit your mother's share in the property.
You can file a suit for partition and claim your legitimate share in the property with separate possession.
Sir, I've come to know that my uncle transferred the house belonging to my grandmother mentioned in the above question to his wife after obtaining a relinquishment deed signed by me when I was undergoing severe depression following my mother's death in 2019 and was unable to think clearly and take independent decisions. Can I seek cancellation of the relinquishment deed and the transfer of the property thereafter to his wife? It's been 2 years since the relinquishment of my rights and transfer of the property to my uncle's wife took place. Kindly advise. Kiran.
Asked 2 years ago
You are entitled to have a equal part over the property. Serve your uncle a legal notice to resolve the dispute amicably mentioning all the sections whereby you are entitled to, else necessary legal action will be taken. In case you are forced to choose litigation, please ensure an injunction petition to stay your illegal eviction is also filed along with a partition suit.
In case your uncle uses force, don't hesitate to lodge a diary in the police station against him.
File a declaration suit, that the relinquishment deed was obtained when you were unconscious about your rights and wealth. Challenge that deed and obtain a declaration that the deed is null and void.
I believe you have not taken any consideration in lieu of that relinquishment deed?
File a declaration suit, that the relinquishment deed was obtained when you were unconscious about your rights and wealth. Challenge that deed and obtain a declaration that the deed is null and void.
I believe you have not taken any consideration in lieu of that relinquishment deed?
File suit to set aside relinquishment deed as you were not mentally fit at time of execution of relinquishment deed
also seek orders to set aside transfer of property in favour of aunt
You have to prove that you were suffering from severe mental depression at that time of executing the relinquishment deed duly supported by medical evidence to the satisfaction of the court, in order to annul it. Why you do wish to transfer the property to your uncle's wife after cancellation of the relinquishment deed is not clear.
Dear Client,
As you have stated that your signature in the relinquishment deed was obtained when you were not in a well mental state, here the best would be to file for a declaratory suit explaining your situation and getting the property partitioned. Also, the Married daughter's right to property under Hindu Succession Amendment Act 2005 is the same as that of her brother, and even in the case where a married daughter has died, her children are entitled to receive the shares that she would have received if she was alive on the date of the partition.
Thank You.
Yes you can challenge the same and seek cancellation by filing a suit before civil court
- As per law, after the death of your mother , you can claim equal share in the property
- You can issue a legal notice and ask the share in the property , if no response then file Partition suit before the court.
- You can file a declaration suit for cancelling /declaring the relinquishment deed , and the deed of transfer to his wife as null & void on the ground of taking the said deed fraudently and under influence .
If you believe that you were defrauded by your uncle and coerced you to obtain the registered release deed relinquishing your rights in the property you can very well file a suit to cancel the registered deed within three years from the date of its execution.
You can also ask for partition and separate possession of your rightful share in the property in the same suit.
You may have to attach substantial documentary evidences in the suit to prove your statement and claim.
Dear Madam,
You can claim the properties of your mother under the following provisions of law.
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Section 15 in The Hindu Succession Act, 1956
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General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
