Right on property after second father's death

Guest (Querist) 10 April 2012 This query is : Resolved
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ajay sethi (Expert) 10 April 2012
you ahve stated that property registered in name of yourself , your brother and uncle . how was property purchased? from your own funds? or by means of gift? or ancesrtal property .

if self acquired then your elder uncle does not have any share as on your uncle death your mother would inherit his share

Adv.R.P.Chugh (Expert) 10 April 2012
Dear Mr.Kumar,

The Property stood in the name of your brother/uncle and you. on the death of the uncle property to the tune of 1/3rd would go to his legal heirs. Which is in this case your mother. Elder Brother can stake no claim to the share, however may cause trouble trying to assail your mother's marriage with uncle.

Though Marriage with Brother's widow is prohibited relationship - but many communities allow the same, and there need not even be a marriage with rites and ceremonies, simple cohabitation + long stay + representation of your mother as uncle's wife - would be ample proof.

However in such matters don't be surprised if your elder uncle comes up acting smart - bring up a will (off course forged) or something.

Feel free to talk !

SAINATH DEVALLA (Expert) 10 April 2012
Dear Manoj,

How was the property purchased?Was it your second father source,or does your mother has also shared the cost?Though the second marriage of your mother may not have been performed according to the traditions,she is deemed a wife as per the documents you mentioned.If your mother invested from her share of your original father or if it was your second father's self acquired,your elder uncle cannot stake any kind of claim.