Legal heir

Janhavi Mantri (Querist) 27 April 2017 This query is : Resolved
Dear Sirs,

My mother's father was a tenant in a Trust property in Worli, Mumbai. My mother had 7 siblings (2 brothers and 5 sisters). After my grand father's death the property was transferred to my younger mama's name. He also died and then the property was transferred to my mama's son by the trust.

Last year my mama's son died suddenly. He has 2 sisters. As per trust laws the property can be transferred only to our community (SKP) people. One my his sisters got married outside our community.

Now my elder Mama's sons are claiming the property.

My question is who is the legal heir of this property after my mama's son's death? Can my elder Mama's sons claim the property?

Regards,

Janhavi

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Isaac Gabriel (Expert) 27 April 2017
Marrying ouside does not disentitle the share in property.

Sudhir Kumar, Advocate Online

(Expert) 28 April 2017
if your cousine sisters are not entitled then atleast your mother is also not entitled.

So be cool and move out.

Guest (Expert) 28 April 2017
I endorse the views of Shri Isaac Gabriel. You have the need to contact local lawyer, who may better be knowing local laws, if contrary to the provisions of the Transfer of Property Act.

Kumar Doab (Expert) 28 April 2017
Agreeing with Mr. Issac Gabriel.

If the property is heritable then: Inheritance shall be as per provisions of personal law that applies e.g; Hindu.

Rajendra K Goyal (Expert) 30 April 2017
Agree with expert Isaac Gabriel.

Sudhir Kumar, Advocate Online

(Expert) 30 April 2017
It is not property he is talking about. He is talking about tenancy rights in a building belonging to trust.

Kumar Doab (Expert) 30 April 2017
It is subject to specific local laws/rules applicable, at your location.

If the property is heritable then: Inheritance shall be as per provisions of personal law that applies e.g; Hindu.

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