Kalaidasan 19 October 2018

Civil property from mother sister share

Dear sir, My mother expired when i was 2 years old. I born with elder sister and elder brother. My mother's elder sister who divorced her husband several years back got expired in 2008. She bought 3 lands in Villjupuram area. My mother has 1 elder brother, 3 sisters. Now, when about to sell my mother sister Property, My mother's brother and sisters (Uncle and Aunt) who are live now, Registered her 3 property by sharing the property neglecting my mother's share. They informed us that as my mother got expired, her legal hiers as me, my brother and my sister doesnt have rights on it. I want to clarify what Indian Legal System in Civil Law says. Please help me in clearing my doubts which will help me to proceed actions upon it.

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7 Replies

G.L.N. Prasad (Retired employee.) 20 October 2018

Contact a local advocate as how your aunt acquired it, and the relationship from her husband's side may also be involved. For your knowledge you may search in google about legal heir position through input of data "Legal heirs of an intestate widow without children under Hindu succession."

Kalaidasan 20 October 2018

Sir, My aunt bought it from her own salary who was worked and retired as a govt teacher.

Anish Thakur 7018812737 (advocate) 21 October 2018

read this article
https://www.vakilno1.com/legalviews/distribution-of-property-among-heirs-of-female-hindu.html

still had any doubt then feel free to call.

Kalaidasan 25 December 2018

Good morning sir. My mom's father (grandpa ) expired in 1973. My mom's elder sister 'D' who got married, divorced in 1979 by mutual concern. She has no children. She was worked as a govt teacher. She bought 4 plots in her own income. My mom expired in 1991. My mom's mother (grandma) expired in 2007. My elder sister ' D' expired in 2008 without writing any wills. Now my mom sisters are 4 and brother 1 alive. To take rights on her property, my mom's sisters and brother moved to court to get legal heir without mentioning about my mom and didn't include as a plaintiff against district registrar and tashildar. And received legal heir. Now, since my mom expired, as a legal heir of her, shall I claim it and proceed for against this court order?

Kalaidasan 25 December 2018

Good morning sir. My mom's father (grandpa ) expired in 1973. My mom's elder sister 'D' who got married, divorced in 1979 by mutual concern. She has no children. She was worked as a govt teacher. She bought 4 plots in her own income. My mom expired in 1991. My mom's mother (grandma) expired in 2007. My mom's elder sister ' D' expired in 2008 without writing any wills. Now my mom sisters are 4 and brother 1 alive. To take rights on her property, my mom's sisters and brother moved to court to get legal heir without mentioning about my mom and didn't include as a plaintiff against district registrar and tashildar. And received legal heir. Now, since my mom expired, as a legal heir of her, shall I claim it and proceed for against this court order?

G.L.N. Prasad (Retired employee.) 03 March 2019

File RTI and obtain as to how they have obtained legal heir certificate without including your mother's name. Even if the legal heirs expire, her share of the property has to be distributed in between those legal heirs sharers.

Kalaidasan 15 March 2019

Sorry sir.. small mistake in entry made.first my mom's sister expired on 8-7-2007. As she divorced and no children, my grandfather expired only on 28-8-2007