How to claim property rights of our ancesdtors ?.
pundalika achyuta bhat
(Querist) 16 January 2017
This query is : Resolved
My great grand father had two wives. Our family tree is as below:
First wife had a son by name Mr. ABC. Mr. ABC had 4 daughters and 5 sons (now all the 4 daughters and 5 sons are dead) . All the daughters and sons are having their children (both gents and ladies). This is our third generation (that is great grand sons of Mr. ABC)
Second wife had 2 sons. Both of them are dead now with no children.
The property (land and house) were in the names of sons from the second wife. The relationship between Mr. ABC and both the sons (from second wife) was that of brothers in nature.
Now we (the third generation that is great grand sons of late Mr. ABC) want to claim the property right. How can it be claimed?. Looking for guidance. We belong to Mangalore (D.K.) Karnataka State.
Kumar Doab
(Expert) 16 January 2017
It is believed that you are Hindu>
Confirm!
You have posted that:
"The property (land and house) were in the names of sons from the second wife. '
The ClassI legal heirs of sons from second wife have 1st right i.e: Mother, wife, sons and daughters.
Is any one from ClassI available?
Kumar Doab
(Expert) 16 January 2017
You are not referring to ancestral/self acquired property of great grand father.
If ClassI legal heirs of sons from the second wife are not available then ClassII relations shall come in picture..........
ClassII:
Groups:
I. Father.
II. (1) Son's daughter's son; (2) Son's daughter's daughter; (3) Brothers; (4) sisters.
If father is not alive.
Entries in GroupII shall share.
In this schedule, references to a brother or sister do not include references to a brother or sister by uterine blood.
Kumar Doab
(Expert) 17 January 2017
Thanks for agreeing Ms.Usha Kapoor.