(Guest)

Share in my nana

My Nana died around 20 years ago. My Nani and my only mama are alive. My mother died around a year back. My nana didn't leave any will. Till my mother was alive, she had a right on that property.

Since my mother has died and the property is not on anyone's name. Can i make any claim on this property. Can I get any share in this ?

I am married living with my husband

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5 Replies

Dr J C Vashista (Advocate) 21 August 2014

Yes you have a right through your mother, engage a local lawyer for necessary proceedings of partition of the property

(Guest)

But i am told that the property is not in name of anyone and there are only two legal heirs which will get equal share. My mother is also not alive.

The property was still on name of my nana when my mother died couple of years back

Kishor Hajare (Advocate) 21 August 2014

madam,

Since the property was standing in the name of your nana, then upon his demise, the ownership in the said property devolves upon the legal heirs of your nana subject to will of your nana.

What I understood from your query that, only you are being alive legal heir to your nana, so according to Hindu Law, you are entitle to claim right, title and interest in the property of your nana.

Regards

Adv.Kishor Hajare

9930647734

(Guest)

Your Mama and Nani are class 1 legal heir and I think the share of your mother (Should be around 1/3rd) that should come to you

T. Kalaiselvan, Advocate (Advocate) 25 August 2014

Your grandfather's intestate property will devolve equally upon all his legal heirs, in this your deceased mother was eligible for 1/3rd share in the property, this share of property will devolve upon her legal heirs, i.e., you, your brothers, sisters and your father. If your uncle is denying your share, you may file a partition suit seeking your legitimate share in the property.