Who are legal heirs of partitioned property?


I had a grand father, who has no brothers and sisters. Who got 7 acres of land from his father. My father is the only son to him. My father has no sisters and no brothers. My father and mother have 4 daughters and 2 sons. My father purchased 23(11 acres at one place and 12 acres at another place) acres of land in the name of my grand father. After the death of my grand father all the land got transferred to my father's name because my father has no brothers and sisters. Partition not required. All this happened around 1965. My father divided the property in his name partly in 1974. 7 acres to my brother ( my brother also got a new printing press from my father in 1974 and its cost was equivalent to 7-8 acres land in those years.) 12 acres jointly with myself and my mother. 11 acres my father kept to himself. At that time I was minor. My father died in 1975. My mother died in 1993. My mother's name is still their jointly with me. After the death of my father the 11 acres property got transferred to my mothers' name. This 11 acres land in my mother's name has 6 legal heirs now because the property has not partitioned and only got transferred from grand father to father and father to mother. But my mother's name jointly with my name in 12 acres land has how many legal heirs? This property got to my name and mother's name after partition in 1974 means all the legal heirs of this property have given up their legal rights in 1974. Being a minor I have not given up my legal rights to anyone in any property. My brother who was legal heir in 1974 given up his legal rights to myself and my mother, can he become legal heir after my mother's death? My sisters who were not legal heirs in 1974. will they become legal heirs now after the death of my mother? Ones the property is partitioned in 1974 it is no longer an ancestral property or coparcenary property. The property jointly owned by my myself and my mother is not jointly owned by my sisters and brother because it is already partitioned. After the death of my mother can my mother's share will be only my share? and if my sisters and brother have their share then tell me how can they justify their share. According to me only I am the legal heir for this property. Please advise.  

 
Reply   
 

 
father(Ram( alive)age -70yrs) 100 sq.m self -earned named property and gift deed to 2-sons to lalit & manoj.
i am manoj and we are 3-brother: 1-(late)shyam(48yrs), 2nd- lalit(38yrs); 3rd-manu(32yrs). father(70yrs):Ram; mother-siya(alive- 65yrs). we live in 100sq.m.together. it is construted ground floor and 1st floor.

But now not.
1st shyam: married and one child (18 yrs) and (Late )shyam was govt employee as JEE  in civil.engg.in U.P. state.. he was died 25th jan-2015.. due to kidney problem...
Another 2 brother: manoj and lalit- private employee.
Now, father "gift deed" 100sq.m to sons-lalit&manoj. on 7th-feb, 2015.
Mother has named 50sq.m.another property GPA-register. since 2008

Condition::: late shyam wife Bhabhi and son(18 yrs), bhabhi -father and relative has live on ground floor. and on 1st floor- lalit live with her wife and sons(2yrs).
IN:50 sq.m:
have live father and mom and manoj
late brother wife says: do not come in house to mom and father, me(manoj(bachelor))

Question:
1- Can grandson or bhabhi claim on 100sq.m on this house. ?
2- Can grandson or bhabhi claim on 50sq.m, it is named on mother ?
3- if we go in court and what's happen.. if we go in the court we have to take position to her for live to bhabhi ? in these property.
4- what is in "declare shout" process , father and mom do not take a part to bhabhi and grandson: due to misbehavior.

Please reply me...i am very confused. late; bhabhi make kabzza on that house 100sq.m.. and grab 11 lakh rupee also..

..............

and form Bhabhi side , what can she and grandson do claim ? and waht is can do ?
please reply me

 

 
Reply   
 



Dear Manoj Kumar,

To ask a question, click on "post topic" button. You have clicked post reply to my question and asked the question. 

 
Reply   
 

my father got the prooperty through adoption and self acqured (total 18 acrs) out of 18 acres ,he died on 2012 .we are one sister, 3 brothers,(one brother died he had two children) my mother (wife of decesed)4.50 acres geven to my sister while marrage on 1981,she got Ib adangal but not registered.what is the share of my mother ,brother and sister.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu