· I am an unmarried Hindu girl governed by the Hindu succession act.
· My Grandmother (my Mother’s mother) who owned a flat in Delhi (India) died Intestate almost forty years ago.
· At the time of her death, she was survived by her husband, 2 Daughters and 3 Sons.
· Of the 2 daughters, only 1 i.e. my mother was married and of the 3 sons only 1 was married and stays separately ( away from my grandmothers owned flat) with his wife and children.
· Over the years, my grandmother’s husband, 1 unmarried son and 1 unmarried daughter also passed away intestate.
· Two years ago, my mother also passed away leaving behind 1 unmarried brother (A) and 1 married brother (both being my uncles).
· Post my mother’s demise, my 2 Uncle’s concealed the fact that my grandmother had a daughter ( i.e my mother and that my sister and me are her surviving legal heir).
· They filed affidavits concealing this fact and got the property (i.e DDA flat) transferred in their joint names.
· As on date, my unmarried uncle (A) has also passed away. Thus, as on date, as I write, of my grandmothers family tree. It’s my married uncle (B) and his family, my sister and me who are left.
· In addition to the incorrect / illegal share in my grandmother’s property, my unmarried uncle (A) had also acquired a few more properties from his earnings.
· Recently, a stranger has emerged on the scene, claiming that he has a Will of my unmarried uncle (A) and that my uncle has willed all moveable and immoveable assets in his name. Accordingly, I understand that he is proceeding for probate of the will. The same is likely to be contested by my uncle (B).
My queries are as follows:
· Am I entitled to a share in inheritance of my Grandmother’s property under the Hindu succession Act ?
· Can my surviving uncle occupy, Rent, Sell, transfer or mutate the property in his name without my permission?
· Could my unmarried uncle (A) WILL incorrectly/illegally acquired share of my mother (Ours) to a third party?
· Please suggest as to what steps I should be taking up so as to protect my interest as currently nobody is staying in the said property and the keys are with my uncle who is refusing to settle the matter and the stranger is approaching the court for probate.
· Under these circumstances, do I also file for Partition/Injunction/Stay/Caveat/ Etc.?
· While no party (Uncle or Stranger) is sharing the information, I have managed to get the case no. Please suggest, What and how can I get details of an ongoing case?