Respected Sir,
There is a property in the name of my grand father (mother's father) .Grand father died in in 1965,grand mother died in 1972.He has 3 children .Eldest is my mother married in 1954.My mother's younger brother is died in 2009.Property is bieng looked after by my mother's youngest brother aged 65 years wants to sell this property.While elder brother is died ,his wife and 2 childrens have rights in the property.The youngest one who wants to sell the property has 3 childrens (2 married daughters and one unemployed son),My mother aged 75 years has 4 childer.We are 3 brothers and one sister.All are married .My sister died in 2011 and has a daughter and son who are also married
Now.my maternal uncle who is going to sell the peroperty has told us that he will give us Rs.5.00 lakhs and for this we are required to execute a Power of Attorney in our mother's favor to execute the sale deed .P/A is to be executed by me and my 2 younger brothers. P/A by Legal hiers of my sister is not insisted upon.It seems property is fetching good value.
My uncle has warned us that Rs.5.00 lakhs is bieng given to us as a matter of gesture from him and we can go to court of law to claim 1/3 rd share in the property as he claims that as my mother was married in 1954,she has no legal rights over her father's property .But,it apperas that buyer of this property is insiting that sale deed is to be signed by my mother and her legal hiers also along with other legal hiers of my grand father
Kindly inform me whether my mother who got married in 1954 has no right in her father's property,Whether sale deed excuted by my maternal uncle along with the widow of his elder brother ( without my mother's signature) is valid.If my mother has legal rights over the property,can we approach the court of law if our uncle is not willing to give 1/3 rd share.Please guide.
