• How to prove legal heirship of my mother who has died

Hi 
I am 81 years old and my maternal grandfather had two children from his 1st marriage(my mother and my uncle) and 6 children fronm his 2nd marriage (5 uncles and 1 aunt).
My maternal grandfather had a land 3 hectares which was recently sold by my uncles without mentioing my mothers name in sale deed (quoting that they were the only heirs). My mother past away almost 25 years ago and i dont have her birth certificate or her school details either. How should i go about claiming my share ? Kindly advise since the money involved is huge i would like to pursue this matter at the earliest
Asked 7 months ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
Hi
You should initiate a civil suit for cancellation of sale.
Get an injunction on further transfer and mutation.
Seek your share in the property .
You don't need her birth certificate but family ration card or any old records showing who were parents.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Hi, You can also verify in the bank account in which your mother name also shown as daughter of so and so or ration card or marriage invitation card or any other documents so that you can prove the relationship.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1)your mother must be having election commission card , ration card .

2) you have to move court to set aside sale deed  and for injunction restraining the purchaser from creating third party rights in said land pending hearing and final disposal of suit 

3)in said suit  claim your mother share in said land 

Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
if you dont have any of the documents it would be difficult to make out a case 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
Since you are 81 years old, your mother had she been alive, may be at the age of over 100 years now, well she is reported to have passed away 25 years ago.  However do you have property records namely sale deed on your maternal grandmother's name? 
Are you aware of the mode of sale by your uncles, i.e.,whether they sold it on the basis of shares allotted to them, if so do you have a copy of the sale deed.
There are lot of questions to be answered in this regard including the maintainability under the original Hindu succession act, because daughters were not entitled to any share in the parents property prior to the amendment made in year 1956.
You should consult a knowledgeable and skilled advocate in the local for further opinion based on the relevant documents and facts of the case.
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0
Since all the required documents(Ration card, birth certificate or bank account) of my mother would be atleast 70 or 80 years ago(1920'sor 1930's) i dont have any of them ... is there any other way out ?

If there is any entitlement to you, you can get it but consult a local advocate with all relevant documents available with you about your entitlement in it. 
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0
If your maternal grandfather had passed away intestate then his property devolved equally on all his children. The property could be sold by your uncles to the extent of their own share in it. The share of your mother has further devolved on her widower and children. So you and other heirs of your mother can file a suit for cancellation of sale deed to challenge the sale made by your uncles. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
in your case educational certificate is not required. according to section 50 of the evidence act you can prove your relationship through circumstantial evidence. oral evidence of your relatives are admissible in evidence. 

file a civil suit  for share in the property. any person how knows about your maternal family can adduce evidence that your mother was daughter of your maternal grandfather. it is not a tough task.
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
1) it is not ancestral property of grandfather 

2) on his demise your mother would be one of legal heirs and has share in her father self acquired property 

3) on mother demise you and your siblings would be her legal heirs and can claim her share in property 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
If the properties were not partitioned before 1956, your mother may be entitled to a share in the intestate properties.  However if the properties were your grandfather's self acquired properties and he had made settlement or partition i favor of your uncles alone bye leaving aside your mother then any effort made by at this stage shall be in vain.  Your mother may not be entitled to any share if your grandfather transferred his property to his sons alone. 
You were advised to consult a local advocate with all relevant papers in your possession, dd you do that, what was the opinion of the advocate so consulted?
T Kalaiselvan
Advocate, Vellore
13970 Answers
127 Consultations
5.0 on 5.0

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