Ancestral property rights(maternal)after the death of mother
Rupali
(Querist) 11 July 2017
This query is : Resolved
Namaste.....I am a 41 year old ,Hindu Maratha married female.I have an elder brother aged 44 years.I lost my mother in the year 1981 when I was of the age 5. My mother has 4 brothers and 4 sisters.My grandfather(Mother's father)passed away in the year 1986.After the death of my maternal grandfather,the names of my uncles and aunties (my mother's brothers and sisters)were added in the 7/12 extract of ancestral property which is located in district Ratnagiri(state Maharashtra) but , my mother's name was not added to it.Me and my brother came to know about it six months ago... I would like to know answers for the following queries..... Q1) Are My brother and me eligible for our mother's ancestral property after her death ? Q2)If yes,then how can I and my brother apply to the government to add our name in the 7/12 extract ? Last month,I had inquired about the same matter and had a talk with respected talathi. He said that if all uncles and aunties give their NOC ,then only it is possible to add our name in 7/12 extract.One of my uncle is not ready for NOC. Kindly guide me through this specifically so as whom to meet and how to proceed . thanks. R.K.
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Raj Kumar Makkad
(Expert) 11 July 2017
I do not agree with the advice of Talathito the extent that all legal heirs of your deceased maternal father in law are required to provide NOC for the insertion of the name of your mother as one of the legal heirs at this stage. Your maternal uncles and aunts have made fraud with you brothers and sisters by not disclosing the name of your mother, since deceased as one of the legal heirs when their names in 7/12 extracts were being inserted. Had they done at that stage, their own shares would have been reduced and further the share of your mother might have been mutated in favour of you brothers and sisters including your father being legal heirs of your mother who predeceased to your maternal grand-father.
Anyways, you can file a civil suit for partition and possession and can challenge the mutation entry in favour of your maternal uncles and aunt after demise of your maternal grand-father. You have equal share in that property.
Kumar Doab
(Expert) 11 July 2017
Agreeing with expert;
The succession opens on date of death of owner of property.
If owner has not disposed his property by a valid/registered deed in his life time and has not left a valid WILL then it might be simple matter of inheritance (intestate Succession).
The process and procedure and requisite forms, is usually available on website of authority under whose jurisdiction property falls say; MC and is available in office also.
The death certificate, legal heir certificate are basic requirements.
Kumar Doab
(Expert) 11 July 2017
The authority records inheritance in mutation records ( say Virasat Ka Intkaal: check what is it termed at your location) upon getting requisite docs and completing the process.
Point variance to the concerned authority at your location say: Kanuango/Tehsildar.
Obtain mutation record with all link documents from O/o Authority even if thru RTI.
Obtain copy of death certificate(s), legal heir certificate(s) of maternal Grandfather and mother.
If required substantiate the claim with requisite docs.
If nothing works: approach with case file a very able local senior counsel of unshakable repute and integrity specializing in such/civil matters for a considered opinion and approach court of law, as already suggested.
Rajendra K Goyal
(Expert) 11 July 2017
If your mother has not given her consent for relinquishing her share as per procedure, you and your brother have share in the property if your mother has expired.
Discuss with local lawyer and file case for partition.
Kumar Doab
(Expert) 12 July 2017
Obtain mutation records with all link docs and examine or show these to your counsel(s).
P. Venu
(Expert) 12 July 2017
Your mother, and through all her children, are vested with a right in the property. Entries made in the revenue records do not extinguish or deprive you of such rights. You may file a suit for partition; as the first step, serve a notice through an advocate.
Rupali
(Querist) 15 July 2017
I thank all of you experts to guide me so clearly on this matter.Your valuable advice will definitely benefit me in my further legal journey.....thanks once again !!!!
Kumar Doab
(Expert) 15 July 2017
You are welcome........
Rupali
(Querist) 15 July 2017
Mr. Doab has suggested to obtain death cerificate and legal heir certificate...I have my mother's death certificate.
may I know ...how can I get a legal heir certificate for my mother ? If any website is available for guidance of legal documents,please let me know...
Kumar Doab
(Expert) 15 July 2017
Usually it is issued by O/o Tehsildar.
Check locally.
